Dealing with the estate of deceased aunt with no Will – how?

In_for_a_penny

My wife’s aunt suddenly died recently. She had returned to the UK in 2009 from overseas, where she had lived and worked for over 40 years. She left behind a daughter and two grandchildren and an ex-husband whom she remained in contact with.

The relationship with her daughter (my wife’s cousin) was estranged.

We had been telling her aunt (often jokingly) since her return that she needed to ensure she had a Will and all her wishes etc. were documented to ensure we weren’t left with, potentially, a mess. However, she never got around to it and the inevitable has happened.

Whilst my wife’s aunt was alive, my wife was noted as her ‘next of kin’ in case of emergencies etc. because she had no other family here in the UK, but that’s as far as it went. We are now in a situation where we are trying to sort out her affairs here in the UK and it’s becoming very difficult.

My wife’s cousin’s personal affairs, money etc. are dealt with by a trust back in the country where she lives due to illness and it is nigh on impossible she will be able to travel to the UK to sort her mother’s stuff out.

Because we are unable to find a Will or any other indication of what her aunt would have wanted after her death in terms of distributing her assets, we are unsure what the best approach to sorting this situation out is.

Because her aunt lived in a local housing authority property, we have had to clear her possessions and hand back the property to the authority. We have retained some of her personal belongings for safekeeping and also sent back overseas several boxes containing photographs and other items of personal belongings. Some of the bigger items, fridge, washing machine etc. we have had to sell because we simply don’t have the space to store any of it or we have donated items to either the local charity shops or The Salvation Army. The proceeds from any sold items have also been placed in safe keeping for when we can transfer them back overseas. However, we cannot access her bank accounts, other than to arrange payment of funeral costs etc. because we have no authority to do so and so we cannot bring about some final closure to the situation – and this is where I am hoping someone may be able to help suggest something.

Obviously a Power of Attorney is of no use as they normally die with the deceased so we had thought about applying for Administration but how does that work being as her aunt has a daughter overseas but is unlikely to be able to travel for various reasons?

getmore4less

The daughter would be 1st in line to administer the estate and sole benificiary.

Daughter could give you POA to deal with it on their behalf.

Daughter could hand it over to a solicitor

First establish if it is worth bothering to do anything by checking the value(assets - debts) of the estate.

securityguy

In_for_a_penny wrote: »

Because we are unable to find a Will or any other indication of what her aunt would have wanted after her death in terms of distributing her assets, we are unsure what the best approach to sorting this situation out is.

To walk away and do nothing. International estates are a nightmare at the best of times, with trusts and multiple relatives and intestacy throw in you might as well sign up for full-time work for no return.

Because her aunt lived in a local housing authority property, we have had to clear her possessions and hand back the property to the authority.

You could have done nothing. There's no "have" in it.

Obviously a Power of Attorney is of no use as they normally die with the deceased so we had thought about applying for Administration but how does that work being as her aunt has a daughter overseas but is unlikely to be able to travel for various reasons?

You can apply for administration, explaining the situation. Presumably, the daughter would write a letter saying that she agrees. Alternatively, you could do nothing and spare yourselves a great deal of aggro (although as you've already got involved, it might be hard to get out now).

madbadrob

The problems with estates overseas where no will exist are ten fold what they are here. If you get the authority to apply for letters of administration on behalf of the daughter you will need to know the rules of intestacy of the country in which she was domiciled as well. I would be inclined to tell the daughter to instruct a solicitor to act on her behalf and walk away from this if I was in your position.

Has someone who deals with intestate estates on a daily basis I will not touch any case where there are overseas considerations

Has anyone notified the local council or the authority such as the hospital that there are living relatives? If not I would do so or they will turn the estate over to the treasury. If the UK assets then come to less than £500 the money will go straight to the governments coffers

Rob

spacey2012

Next of Kin means nothing, absolutely nothing, you can not be next of kin for someone who is dead.
If she has no will, the entire estate now belongs to the closest living relatives, which if she has no husband will be the children or child.
so as there is no money for you, you have no point in getting involved.
Let the daughter administer the estate.

No will = your wife will not be getting a single penny.
Sorry.

spacey2012

PS, your wife could be prosecuted for selling the items, please do be careful.

madbadrob

spacey2012 wrote: »

Next of Kin means nothing, absolutely nothing, you can not be next of kin for someone who is dead.
If she has no will, the entire estate now belongs to the closest living relatives, which if she has no husband will be the children or child.
so as there is no money for you, you have no point in getting involved.
Let the daughter administer the estate.

No will = your wife will not be getting a single penny.
Sorry.

He didnt say they were getting anything in fact he made it clear all the monies raised so far have been saved until they can transfer them abroad.

madbadrob

spacey2012 wrote: »

PS, your wife could be prosecuted for selling the items, please do be careful.

No she couldn't because she has acted in a way to maintain the estate. To have done nothing would have seen the items taken and destroyed.

spacey2012

That was not her concern, you can not interfere with an estate you have no probate over.
They should have sought legal advice immediately and if the beneficiary of this estate did not want to know, then it is up to the state to deal with the estate.
What becomes of the items is of no concern.

madbadrob

spacey2012 wrote: »

That was not her concern, you can not interfere with an estate you have no probate over.
They should have sought legal advice immediately and if the beneficiary of this estate did not want to know, then it is up to the state to deal with the estate.
What becomes of the items is of no concern.

Firstly probate only occurs when there is a will. Secondly letters only have to be sought if the estate is worth over £500.

Secondly the estate cannot act on an intestate estate when there are known heirs except to bury that individual.

The OP has acted in such a way as to preserve the estate and therefore hasn't acted in anyway that the laws of intestacy or probate have been broken.

Rob

spacey2012

madbadrob wrote: »

Firstly probate only occurs when there is a will. Correct which there is NO PROBATE ? Your point is ?
Secondly the estate cannot act on an intestate estate when there are known heirs except to bury that individual.

The OP has acted in such a way as to preserve the estate and therefore hasn't acted in anyway that the laws of intestacy or probate have been broken.

Rob

The OP has no legal authority to act upon anything, any authority they were granted died with the person.
It is unlikely to be questioned, but that is the Law, you can not interfere with any estate or property of a deceased person you have no legal or lawful authority to act upon.
The estate or lack of it is for the Closest living relative to deal with or refuse to do so, then it becomes property of the state.
Selling items from the estate, is most foolish, the answer to what should they have done then is:
NOTHING.