Intestacy rules

Mummypanda

Hi, To cut a long story short my father's first cousin passed away without leaving a will. The closest surviving relatives are my father and his brother and sisters so are all first cousins. A cousin once removed has come forward and also staked a claim to the estate, his mother would have been a first cousin but she had died before the deceased so did not have a vested interest. Is he entitled to a claim in the estate even though there are closer surviving relatives? I realise he would have been entitled to his mother's share, but only if there were no closer relatives. Please help I have searched websites but can not find a clear answer.

Just as an aside, this person has also put in for probate over my father even though he didn't know the deceased and only found out about this after he was approached by heir hunters, my father is down as next of kin but this person seems to think he is within his rights to do this and has not taken my father's feelings in to consideration.

McKneff

Not really sure to be honest, but hey, you cant really blame them for trying.


Probate is not required when someone dies intestate. Letter of administration is what is required.


You say this person has not taken your fathers feelings into account. By the same yardstick have you or any of the 'cousins' taken this family member (their neice or nephews) feelings into account.


Hopefully someone will be along who can clarify.

dzug1

As far as I can make out the first cousins will inherit and have the right to apply for probate


The deceased mother was not a child of the deceased, therefore her share does not pass further down.

Edit - removed as incorrect



The cousin once removed doesn't have a claim and once he knows of the first cousins has no right to apply for probate. If he's already got it he should administer the estate and pay out to the correct people. If he doesn't understand what he is doing or thinks he can do what he wants then you are in a difficult situation




Sounds like the heir hunters were not that efficient and once they had traced 'a' relative stopped looking.

my father is down as next of kin

Sorry, I don't know what that means

Mummypanda

McKneff wrote: »

Not really sure to be honest, but hey, you cant really blame them for trying.


Probate is not required when someone dies intestate. Letter of administration is what is required.


You say this person has not taken your fathers feelings into account. By the same yardstick have you or any of the 'cousins' taken this family member (their neice or nephews) feelings into account.


Hopefully someone will be along who can clarify.

Thanks for your reply but this person did not even know the deceased existed until approached by heir hunters, so has no emotional connection. It appears he is just out for what he can get.

Mummypanda

Thanks that is what we thought. The heir hunters hadn't even found my father as they had not yet searched the mother's side of the tree only the father's. Once they discovered that there were closer relatives that were willing to deal with the estate, they should have backed off. They didn't and have pushed for the cousin once removed to apply for probate, obviously so that they will get whatever % they charge for dealing with it. My father refused to sign with them as he wanted to deal with the estate out of love and respect for his cousin.

Annisele

Just checking: are we talking about England here? The rules in Scotland are different when it comes to the children of cousins.

Mummypanda

Yes it is England.... thanks

molerat

Looks like it stops at the living first cousins
https://www.gov.uk/inherits-someone-dies-without-will/y/england-and-wales

getmore4less

Mummypanda wrote: »

Thanks that is what we thought. The heir hunters hadn't even found my father as they had not yet searched the mother's side of the tree only the father's. Once they discovered that there were closer relatives that were willing to deal with the estate, they should have backed off. They didn't and have pushed for the cousin once removed to apply for probate, obviously so that they will get whatever % they charge for dealing with it. My father refused to sign with them as he wanted to deal with the estate out of love and respect for his cousin.

They can't get a % of the estate, only a % from those that inherit that sign up.

I thought 1st Cousins shares go down through their issue.

Mummypanda

I thought 1st Cousins shares go down through their issue.[/QUOTE]

So if the first cousin has died their child/children inherit what would have been their share?

getmore4less

Mummypanda wrote: »

So if the first cousin has died their child/children inherit what would have been their share?

that's my understanding,

The issue with them getting the grant is they can employ people that can charge to do the work....


Why did your father not apply for probate as soon as they knew?