Intestacy on going more than 12 years

Ol_Jay

Hi all,

I have researched online the various aspects of a long running "saga" with an intestate distant relation and i've read / searched anything relevant on this board.

A little background. A distant relation died intestate just over twelve years ago. Another relation acted fairly quickly, applied for and was granted Letters of Admin. We are both (equal) beneficiaries.
Shortly after being granted the L of A the Administrator pretty much just informed me that he thought it best just to sit and wait 12 years and hope no-one closer related would come forward. Presumably, from what i now understand, thinking of the 1980 Limitations Act. We are both fairly sure that there isn't anyone closer as the deceased intestate whilst a distant relative was well known to family and community. Also we have both independently made some enquries re family tree etc.

So i have a couple of questions please for the forum:

Now that 12 years has past does this mean there couldn't be any claims/benficiaries coming out of the woodwork/ any future liability on Administrator or beneficiaries. As it would seem it's staute barred/ time exempt?, even though proper (professional) research wasn't carried out or statutory notices placed !

If yes to above, i'm guessing it would it be prudent to now employ professionals to search for missing heirs and take out relevant indemnity insurance?.


Anyway, sorry for the long post, any advice would be much appreciated.

Thanks in advance.

g6jns_2

Ol_Jay wrote: »

Hi all,

I have researched online the various aspects of a long running "saga" with an intestate distant relation and i've read / searched anything relevant on this board.

A little background. A distant relation died intestate just over twelve years ago. Another relation acted fairly quickly, applied for and was granted Letters of Admin. We are both (equal) beneficiaries.
Shortly after being granted the L of A the Administrator pretty much just informed me that he thought it best just to sit and wait 12 years and hope no-one closer related would come forward. Presumably, from what i now understand, thinking of the 1980 Limitations Act. We are both fairly sure that there isn't anyone closer as the deceased intestate whilst a distant relative was well known to family and community. Also we have both independently made some enquries re family tree etc.

So i have a couple of questions please for the forum:

Now that 12 years has past does this mean there couldn't be any claims/benficiaries coming out of the woodwork/ any future liability on Administrator or beneficiaries. As it would seem it's staute barred/ time exempt?, even though proper (professional) research wasn't carried out or statutory notices placed !

If yes to above, i'm guessing it would it be prudent to now employ professionals to search for missing heirs and take out relevant indemnity insurance?.


Anyway, sorry for the long post, any advice would be much appreciated.

Thanks in advance.

Twelve years is a ridiculous time to fail to distribute the estate. AFAIK There is a procedure for publishing a statutory notice and failing any claims within a short time then the estate can be distributed. Assuming the executor or administrator makes reasonable enquiries as to any other claimants then the statutory notice bars any claims. Were the notices published? They could still be done now AFAIK.

Ol_Jay

Hi, thanks.

No i'm fairly sure no stautory notice was published. The administrator just sort of winged it and sat out the 12 yrs.:eek:

Edit: In total agreement about it being ridiculous amount of time

getmore4less

g6jns wrote: »

Twelve years is a ridiculous time to fail to distribute the estate. AFAIK There is a procedure for publishing a statutory notice and failing any claims within a short time then the estate can be distributed. Assuming the executor or administrator makes reasonable enquiries as to any other claimants then the statutory notice bars any claims. Were the notices published? They could still be done now AFAIK.

The statutory notice(s27) it to look for creditors/debtors not beneficiaries.

getmore4less

How much of the family tree do you have?

Ol_Jay

g6jns wrote: »

Twelve years is a ridiculous time to fail to distribute the estate.

Just to add a further point and queries.
There doesn't seem like there's any end in sight either, even though it's more than 12 years already. The admin isn't minded to allow any interim payments from the cash in the estate as " we might need it for expenses etc for the estate before we can finalise" and we will do it all in one payment.
Also there is some land that was occupied by the deceased intestate relative it's still in his parents name/s , even though they died some years before (intestate!)

PasturesNew

"Once a beneficiary is found, if that person takes up the role of administrator they will be responsible for ensuring all reasonable steps are taken to find the beneficiaries of the estate before it can be distributed."

So you can't just sit and wait - there is a responsibility to ensure all reasonable steps are taken .... sitting on it isn't reasonable.

Source: http://www.oxfordtimes.co.uk/business/businessadvice/9879982.print/

Ol_Jay

getmore4less wrote: »

The statutory notice(s27) it to look for creditors/debtors not beneficiaries.

Hi, Thanks.
Wasn't sure about that and seems a bit beyond that now ?
Fairly sure there wouldn't of been any of those as the admin has all paperwork. Just a bit concerned about beneficiaries, the 12 year rule notwithstanding?

Ol_Jay

getmore4less wrote: »

How much of the family tree do you have?

A fair bit, certainly whats relevant to this situation. I can dig deeoer if needed.

Ol_Jay

PasturesNew wrote: »

"Once a beneficiary is found, if that person takes up the role of administrator they will be responsible for ensuring all reasonable steps are taken to find the beneficiaries of the estate before it can be distributed."

So you can't just sit and wait - there is a responsibility to ensure all reasonable steps are taken .... sitting on it isn't reasonable.

Hi.
Thanks

That's how i thought maybe it worked. Seems too easy otherwise, just waiting out 12 years,not too mention a bit burying your head in the sand. Even though the admin is fairly sure there's no-one closer related, surely not 100 % confirmed/ due diligence applied without employing pro researchers? Even wondered if it would be considered as grounds for their removal or even fraudulent

PasturesNew

Ol_Jay wrote: »

Hi.
Thanks

That's how i thought maybe it worked. Seems too easy otherwise, just waiting out 12 years,not too mention a bit burying your head in the sand. Even though the admin is fairly sure there's no-one closer related, surely not 100 % confirmed/ due diligence applied without employing pro researchers? Even wondered if it would be considered as grounds for their removal or even fraudulent

Put the shoe on the other foot ... how hard would you fight somebody if you found out you'd been "diddled" out of an inheritance at some future point?

They'll come after you all guns blazing .... it'll be relentless. I'd probably even set up a facebook account and a website to "out" you as the fraudster and thief ....



And I'm mild mannered.