No Will..Division Of Assets

RegWorts

Apologies if this is this the wrong Forum for such a question.

My unmarried cousin died last year leaving no will and his only surviving blood relatives are an Aunt (with family) , an Uncle (with family ) and his other Aunt..my late Mother ( with 4 children including me)

The solicitors have dealt with the estate and have just sent me a cheque this morning for one sixth of his estate (and my siblings also received one sixth)

Is this correct ?

I would have thought his estate would have been divided between three ..Aunt , Uncle and my late Mum each receiving one third ...meaning that I would have received a quarter share of Mum's third ... ie one twelfth

But I received a sixth...I`m not complaining though

lavalamp

I wouldn't have expected you to get one sixth either - your assumption seems correct....
I assume the 'one sixth' is mentioned in the letter from the solicitor? Could it be a typo? If it were me, I would query it just in case it came back to bite me later!!

lavalamp

Ah, wait! Was your mother on the other side of the family - ie, the other aunt and uncle relatives of one parent and your Mum the relative of the other parent? In which case, your Mum would be entitled to half maybe? That still doesn't make your share a sixth, but closer :-)

Mojisola

RegWorts wrote: »

I would have thought his estate would have been divided between three ..Aunt , Uncle and my late Mum each receiving one third ...meaning that I would have received a quarter share of Mum's third ... ie one twelfth

Assuming that your mother was the sibling of the other aunt and uncle, you are right.

https://www.justice.gov.uk/downloads/courts/probate/probate-guide.pdf

Query it with the solicitor.

RegWorts

awpvicki wrote: »

I wouldn't have expected you to get one sixth either - your assumption seems correct....
I assume the 'one sixth' is mentioned in the letter from the solicitor? Could it be a typo? If it were me, I would query it just in case it came back to bite me later!!

Yes...I have left a message for the solicitor to contact me.

Judging by the size of the sixth share then I don`t think it is a typo as 6 x this figure looks like an approximate value of the estate.

It is either a c*ckup by the solicitor or the Intestacy rules of distribution of assets defy fairness.

RegWorts

RegWorts wrote: »

Yes...I have left a message for the solicitor to contact me.

Judging by the size of the sixth share then I don`t think it is a typo as 6 x this figure looks like an approximate value of the estate.

It is either a c*ckup by the solicitor or the Intestacy rules of distribution of assets defy fairness.

The solicitor has just contacted me and now realises she has made a massive mistake.

My entitlement is only one twelfth ...just as I expected!

Who says Solicitors are professional?

For the fees they charge they should be.

Thanks for the replies

lavalamp

RegWorts wrote: »

The solicitor has just contacted me and now realises she has made a massive mistake.

My entitlement is only one twelfth ...just as I expected!

Who says Solicitors are professional?

For the fees they charge they should be.

Thanks for the replies

It beggars belief doesn't it? :eek:

warmhands.coldheart

RegWorts wrote: »

The solicitor has just contacted me and now realises she has made a massive mistake.

My entitlement is only one twelfth ...just as I expected!

Who says Solicitors are professional?

For the fees they charge they should be.

Thanks for the replies

Just out of curiosity,, Say you hadn't queried this and took the money. would it be possible for the solicitor to claim it back? Would it not be their mistake and hence their insurance or whatever would have to cough up. Not suggesting this is the right thing and I'm sure it would cause no end of family grief but from a point of view of the solicitor making a complete c00kup, is it not their fault?

lavalamp

warmhands.coldheart wrote: »

Just out of curiosity,, Say you hadn't queried this and took the money. would it be possible for the solicitor to claim it back? Would it not be their mistake and hence their insurance or whatever would have to cough up. Not suggesting this is the right thing and I'm sure it would cause no end of family grief but from a point of view of the solicitor making a complete c00kup, is it not their fault?

I would say yes it is. As an executor, you are personally liable for mistakes, so surely that should also apply to a solicitor? I am sure they have a way out of it though!!

RegWorts

warmhands.coldheart wrote: »

Just out of curiosity,, Say you hadn't queried this and took the money. would it be possible for the solicitor to claim it back? Would it not be their mistake and hence their insurance or whatever would have to cough up. Not suggesting this is the right thing and I'm sure it would cause no end of family grief but from a point of view of the solicitor making a complete c00kup, is it not their fault?

Apart from being honest, I wouldn`t like to try it as it wouldn`t be worth all the hassle and upset as the relatives are all decent folk..

The Solicitor is going to get a lot of earache anyway from my younger sister who thought she was going to be able to pay off her mortgage with the sixth share , but there`s not enough with a twelfth ........and you`ve not met my sister

nom_de_plume

Nothing to add other than a massive well done for being so honest to the OP. It's pleasing, after reading some of the stories of lies, deceit and cheating that goes on, to see a bit of good old fashioned 'doing the right thing'.