Grandma's will - need advice

madbadrob

angiepunchi wrote: »

Hi, I have just been told that my gran may have a 1/2 brother and sister who live in germany (if still alive) - would they be able to inherit? if so maybe it was one of them and that's fine by me

Angie,

Yes they could but only if your mum and yourself didnt exist. The order to inherit is Spouse and if no spouse full blood children, if the full blood children have died then any children they may have had. If none then parents, if they have died then full blood siblings and if they have died the children and if there were none then half blood siblings and if they have died their children. So all in all they are very low down the chain however they can like any blood relative make a claim for an intestate estate

Rob

wierddumpling

This thread has seemed to have gone over complicated. To bullet point this is the information I can take from it:


1. Your grandma died in 2009, you attended the funeral after your mum informed you of her death. To find out who paid for the funeral your options can be, ask your mum or ask the funeral director. If you don't know who conducted the funeral if your grandma has a stone either for burial or cremation the directors name is quite often on the back of it. Be prepared that they may not be willing to disclose the information you want though.


2. You found an ad in the London gazette dated Oct 2009 searching for entitled beneficiaries from the Co-Op bank. Suggesting there was no Will.


3. You checked the Bona Vacantia list and your grandmas name was not on it.


4. You mentioned precessions plus a house, was this definitely owned by your grandma, have you been to the house to see if it is sitting empty or whether new people live there? Have you checked the land registry to see who's named as owner? With property involved the estate will have been worth more than the £5000 min to appear on the Bona Vacantia as Rob mentioned earlier.


5. You fear someone has claimed the estate that is not entitled. Next step would be to check if the estate has been applied to be administered. You can check with the Probate office, they will search for a fee of £6 and if they find the record that includes a copy of administration papers with value of estate and the name of who or the company that it was administered to. Here's the link for the PA1S form http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=739


6. Again as Rob explained rules of intestacy state spouse first, then full blood and legally adopted children, then grandchildren. If none of these are present then it would be siblings, nieces/nephews etc. Any family member could lay claim to the estate through deceit or ignorance, it's up to the administrator to ensure that the right beneficiaries are traced.


Sorry if I have missed anything/ got something wrong and I know this is all very matter of fact, I am sorry for your loss.

angiepunchi

Hi weird dumpling (great name!

1. I didn't attend as I was living abroad and didn't get given enough notice to fly home I am guessing her church paid for it, so that's an idea, thanks.

4. I don't know about the house. She used to live in one of those houses where you half own it half council owns it... but her recorded address is different to the one I visited her at and knew to be her home. That's an idea to find out about the house.

5. I'm in the process of doing that, I didn't know about it until I came on here.

Thanks for the last 6 words btw

securityguy

madbadrob wrote: »

Securityguy I could give you numerous scenarios

Always keen to learn: could you give an example? Widow dies intestate, acknowledged children don't receive (assuming they claim) some of the estate.

dzug1

madbadrob wrote: »

, Actually nothing. When letters are granted the Probate records state that Administration was granted to Mr JOe Bloggs or Mrs Jane Bloggs and then the value of the estate.

Rob

Even where there's a will, probate records don't show how an estate was distributed, only how it should have been distributed

madbadrob

Security Guy,

When an estate is intestate and passed to the treasury anyone with a valid claim can do just that. So if for example a cousin made the claim with the relevant documentation then TSoL would pay out that claim to that person. If they then chose not to do the research and keep the money who is to know?

With the OP's case the estate never got to the treasury and I believe that the section 27 was carried out to cover the CoOp before paying out on a will

Rob

securityguy

madbadrob wrote: »

Security Guy,

When an estate is intestate and passed to the treasury anyone with a valid claim can do just that. So if for example a cousin made the claim with the relevant documentation then TSoL would pay out that claim to that person. If they then chose not to do the research and keep the money who is to know?

Oh, OK, I see what you mean. We were at cross-purposes. What you're saying is "X dies intestate, X's child does nothing, X's cousin shows up and claims the estate". Of course. I was reading you as saying "X dies intestate, X's child applies for letters of administration, X's cousin shows up and successfully claims the estate". Absolutely: if a cousin applies, and the children don't make themselves know, the children lose. Good to clear that one up!

Mojisola

As whoever organised the funeral knew that there was a grandchild to notify, I can't understand how the estate wasn't dealt with properly.

It must be extremely rare for the person who arranged the funeral not to talk to the executors/administrators. In most cases, they would be the same people.

madbadrob

Mojisola and others. It is my belief after doing some digging with the treasury that this estate was with a will and that is why the section 27 was placed. There is no reason for the Co Op to place that if there was no will. They do not have to do this to prove that the estate is bona vacantia.

Rob

angiepunchi

Mojisola maybe the estate WAS dealt with properly, and it went to my gran's friend. And my mum wasn't lying. And I didn't cut off my gran. Maybe she just had a really kind friend who looked after her.

You don't need to understand it. It's not really your business. I just wanted some advice and someone has given me it so... I'm happy with the advice I been given and now able to do something to find out what happened.

With all respect, nobody on here really needs to know what happened or who got the estate, only I do, to make sure that it didn't go to a fake person which has been worrying me.