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probate questions

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My uncle past away 2 months ago.

And today I get a letter from my relative dealing with his estate saying I'm a beneficiary and a letter from solicitor will be in post.

When my uncle was 40 he was involved in a really bad accident when a driver hit him and 60miles an hour. My uncle was in hospital for 2 yes while they rebuilt his entire body. Skull etc. He had brain damage and lived at home with his mum my nan. He wasn't married and had no kids. When my nan passed her will statedthe house was his for the rremaing yrs of his life then it ould be my other jncles .He lived for another 25 yrs.

He received a huge compo pay out paid into trust. And also the insurance of the driver paid for his care needs etc.

Last yr my uncle was moved to a care home and house left empty.

Question are why do family suggest he owned a partial share of the house ?

Comments

  • dazzadub
    dazzadub Posts: 655 Forumite
    Tenth Anniversary 500 Posts Combo Breaker
    Also why didn't house pass to my other uncle but now has been sold. And a partial share that my late uncle had. How does that work.
  • xylophone
    xylophone Posts: 45,622 Forumite
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    edited 21 May 2013 at 11:27PM
    It looks as though your grandmother's will created an "Interest in Possession Trust" with your disabled uncle being given the right to the use of the house until his death, (or possibly even to the use of any income if the house were sold and capital invested etc) - the terms of your grandmother's will would need to be examined?
    http://www.hmrc.gov.uk/trusts/iht/death.htm
    You would have to request details of the whys and wherefores of the sale of the house either from the Trustees or your surviving uncle or the executor of your late uncle's estate (presumably the solicitor who has written to you)?
  • System
    System Posts: 178,349 Community Admin
    10,000 Posts Photogenic Name Dropper
    dazzadub wrote: »
    I'm a beneficiary and a letter from solicitor will be in post.

    You might be a beneficiary of the original trust containing the uncle's lifetime interest in the house, or you might be an ultimate beneficiary under the financial trust containing his compensation money.
    Without knowing the precise wording of either it's impossible to say.
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • jamesd
    jamesd Posts: 26,103 Forumite
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    The executors or administrators of an estate are required to provide accounts for all they did so you can ask them for a copy of the will and accounts to help you follow what the situation was and how things were worked out. They should also be able to provide an overview of who got what and why, explaining how the money ended up passing to you.

    Selling a house is one fairly easy way to get the value split between multiple beneficiaries.

    Easiest thing to do for now is wait for the letter from the solicitor which may explain the situation well enough.
  • dazzadub
    dazzadub Posts: 655 Forumite
    Tenth Anniversary 500 Posts Combo Breaker
    ive asked my cousin, whos dad is my uncle who is dealing with his brother estate.

    she said she cant really give to much info out, but its in my nans will about the house being sold, well percentage of it going into the estate, this is because her dad my uncle owns half of the house.

    confusing really so ill wait on the solicitors letter with amounts etc and then question from there, maybe easiest way as no one seems to have seen my nans will.
  • jamesd
    jamesd Posts: 26,103 Forumite
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    Once probate has been granted to allow an estate to be sorted out the will is a public record. It's available to everyone who wants a copy and is willing to pay six Pounds.
  • atush
    atush Posts: 18,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    jamesd wrote: »
    Once probate has been granted to allow an estate to be sorted out the will is a public record. It's available to everyone who wants a copy and is willing to pay six Pounds.

    So get a copy of your Nan's will too?
  • dazzadub
    dazzadub Posts: 655 Forumite
    Tenth Anniversary 500 Posts Combo Breaker
    atush wrote: »
    So get a copy of your Nan's will too?

    i intend to, lot of specualtion about it over last 10 yrs or so.
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