who Has the Right

FatVonD

kevin51 wrote: »

Hi,
Does that mean that the father being the oldest automatically
becomes the beneficiary, as there are 4 other siblings involved here.

Yes, if the situation is as SavvySue says in her post (that your sister is not married and has no children) then your father is the sole (only) beneficiary.

The other siblings are not involved as nobody other than your father inherits anything.

kevin51 wrote: »

As I am unsure in this instant who has authority.
Surely if my decided to buy the property he would have to inform others and buy their share from them out of the 30% it does not
give him rights just because he is the executor, as he doesn't own my sisters property.

He doesn't need to inform them or buy their share as they do not HAVE a share, it is your father's and, as executor, your brother's job is to sell the house on behalf of your father (though not necessarily to himself) and give the remaining money to your dad (after paying all costs, ie debts, rent owing, funeral costs.)

kevin51 wrote: »

Remembering there was no will left from my sister. I'm just trying to clean up on a few things here.
any help would be appreciated.

If there was no will then the laws of intestacy apply which means the 30% share belongs to your father.

troubleinparadise

kevin51 wrote: »

Hi,
Does that mean that the father being the oldest automatically
becomes the beneficiary, as there are 4 other siblings involved here. As I am unsure in this instant who has authority.
Surely if my decided to buy the property he would have to inform others and buy their share from them out of the 30% it does not
give him rights just because he is the executor, as he doesn't own my sisters property. Remembering there was no will left from my sister. I'm just trying to clean up on a few things here.
any help would be appreciated.

Thx

Kevin

Hopefully by now given both the link to the guide on intestacy and the number of posts repeating the same information you will have gathered that your father is the sole beneficiary of your sister's estate, according to the rules of intestacy, assuming that your sister was neither married, nor had children - neither of which you've mentioned so far, and those helping out are doing so on the basis of your posted information.

Whilst you say that as a family you have chosen your brother to execute your sister's intestate estate due to his being the oldest, and your father not wishing to handle this, your brother can act as the administrator, but has to apply for letters of administration before he can deal with the estate. Has he done this yet?

Although there are some exceptions, it is usually against the law for you to start sharing out the estate or to get money from the estate, until you have probate or letters of administration.

To apply for probate or letters of administration, you need to fill in a number of forms. You always need to fill in form PA1. This form asks for details about the person who has died, their surviving relatives, and the personal representative.

The forms and leaflets are also available on the internet. PA1 can be found on HM Courts and Tribunals Service website at https://www.hmcourts-service.gov.uk

Form PA1:

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/pa01-eng.pdf

The following guides are good at explaining the rules of intestacy, administration and so on:

http://www.adviceguide.org.uk/wales/relationships_w/relationships_death_and_wills_e/who_can_inherit_if_there_is_no_will___the_rules_of_intestacy.htm

http://www.adviceguide.org.uk/wales/relationships_w/relationships_death_and_wills_e/dealing_with_the_financial_affairs_of_someone_who_has_died.htm#do_you_always_need_probate_or_letters_of_administration