Grandma's will - need advice

GwylimT

madbadrob wrote: »

Gwylim,

Can I respectfully request that you learn how intestacy works because anyone who is related to the grandparents of the deceased can make a claim for an intestate estate. So long as they can show they are related. Whilst the law states the closest living relative takes the estate or a share in the estate there is nothing to stop anyone who can show descent from making the claim and keeping the money for themselves especially if no one comes forward to say they are more entitled

Rob

I'm well aware that anyone can make a claim, however as someone who has gone through this before I am well aware that the person will be thoroughly researched to ensure there isn't a more 'worthy' heir. If a more 'worthy' heir is discovered everything possible is done to trace them to offer them the estate, and it is up to them as to whether those below can inherit.

dzug1

GwylimT wrote: »

I'm well aware that anyone can make a claim, however as someone who has gone through this before I am well aware that the person will be thoroughly researched to ensure there isn't a more 'worthy' heir. If a more 'worthy' heir is discovered everything possible is done to trace them to offer them the estate, and it is up to them as to whether those below can inherit.

It isn't up to them - the laws of intestacy prescribe precisely who can inherit.


OK they can disregard those rules - ether deliberately, or from ignorance of what they are, or through not knowing other relatives exist

getmore4less

GwylimT wrote: »

I'm well aware that anyone can make a claim, however as someone who has gone through this before I am well aware that the person will be thoroughly researched to ensure there isn't a more 'worthy' heir. If a more 'worthy' heir is discovered everything possible is done to trace them to offer them the estate, and it is up to them as to whether those below can inherit.

Who is doing this research?

The person makes the claim, can lie on the form there is no one else.

Who checks?

angiepunchi

I haven't got a sister? If nobody was able to inherit, what would have happened to her house and all her things... can't get my head around it

dzug1

angiepunchi wrote: »

I haven't got a sister? If nobody was able to inherit, what would have happened to her house and all her things... can't get my head around it

It goes to the Crown - the state.

securityguy

GwylimT wrote: »

I'm well aware that anyone can make a claim, however as someone who has gone through this before I am well aware that the person will be thoroughly researched.

By whom?

X dies intestate. No one applies for a grant of representation. Six months later, I show up, stating that I am the deceased's half brother: I have a birth certificate naming the same father. Who do you think is going to "thoroughly research" it beyond looking at the birth certificate and going "yup"?

madbadrob

OK Gwyliam you know best. I only work with intestate cases daily for a living. Let me tell you about how it works using a case I am dealing with right now.

Name appeared on the BV list in Jun 2013 for a person who died in Jan 2013. I after 6 weeks of research and locating people had all 10 entitled heirs signed up. Placed claim to the treasury who then told me that 2 weeks before they had accepted a claim to the estate. I then had to put in a FOI request asking who was administering the estate has I had the closest possible entitled heirs signed. After 20 days I was given the name and address of the person who was administering the estate. I contacted them in September and they said "Are you sure because we have not found anyone closer" so I sent them a fully documented claim.

The father of the deceased had been married previously and had 2 children to that first marriage. TSoL had never requested any proof of a divorce or death of the first marriage. Had I not researched that case the now 14 entitled heirs would have been none the wiser and the 32 people the other company had signed up would be benefiting from an estate worth over 50k. SO please dont tell me that they investigate thoroughly who is the closest kin alive. This is down to companies like mine or the person granted the estate.

As others have said who is going to check what these people have or havent done.

Rob

Gingernutty

angiepunchi wrote: »

Hi i posted this on another page and was suggested i put it here

***

I wonder if anyone here knows about what happens when someone doesn't leave a will. This has happened with my grandma and I'm not getting far with trying to find out about it...

My grandma died a few years ago (2009), and when I was a child she let me know on the phone and in a card that I would be her 'heir' when she died (sad I know). Unfortunately my mum and her didn't get on, and my mum tried very hard to turn me against her... I was living abroad in 2008 and 2009 and actually didn't know she was dying. My mum threw away letters if she sent them to us, but she didn't call me and tell me or ask anyone to tell me. It came as a shock, I literally got posted an invitation to her funeral out of the blue. My mum said she wouldn't be leaving us anything as she left it all to an american lady who had befriended her. I didn't mind very much, and was glad at least she had a good friend.

I did not think about my gran's will again and wasn't fussed about it, I just missed her. Last year I wondered if there were any photos or family tree about her online and googled her name... and found it in the london gazette with a note from the co-op bank that any relatives must come forward to claim her estate by october 2009. I did want some family photo albums so wrote to the co-op bank but never got a reply. I contacted the unclaimed estates list and she was not on it... meaning someone had come forward.

Sorry to waffle to tell the story, but basically I feel someone has pretended to be a family member. That would be a horrible thing to do... if anyone on here understands how this kind of thing works and how can I find out who did this? I dont know if she had money or not but would rather it gone to charity than someone fake. Is there a way to find out who claimed it? And who they claimed to be or if they had to give ID or anything? Surely it must be fraud?

angiepunchi wrote: »

Hi Rob as far as i know mum is an only child, and grandad died years ago (he was divorced from her)

The two bits in bold are the only bits that matter. Your Mum must have inherited [EDIT] as she was the only one entitled to.

Without a will, only the blood relations inherit if there is no spouse.

Your Mum may well be lying to you.

madbadrob

angiepunchi wrote: »

I haven't got a sister? If nobody was able to inherit, what would have happened to her house and all her things... can't get my head around it

Angie,

Depends on how long it went unclaimed for. If under 12 months then whoever is granted the admin will dispose of the property etc and pay out the entitled people. If over 12 months then the treasury would do that and keep the money in an account but not in all cases its not unknown for property to stay empty.

After 12 years the crown will on an entitled claim stop paying interest and after 30 years the money passes to the crown or the duchy of Lancaster

Rob

angiepunchi

Hi,

I am assuming it didn't go unclaimed for long because the deadline was only 5 months after the advert appeared... really dont know though.

Getting concerned that so many people are suggesting my mum may have lied.. I don't want to think like that... I would suspect I may have an aunt or uncle I have never met, because that's possible.