Intestacy on going more than 12 years

Ol_Jay

PasturesNew wrote: »

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.

Hi
Thanks for your thoughts. I completely agree. It seems that the Admin is leaving himself widen open still as even though 12 years has passed he has failed to do due diligence? I'm not involved in the admin but feel anxious that someone will show up.
Yes I would feel like that too.

getmore4less

How far removed are you?


I think you need to have the following dead end trees.


spouse(only)
kids
parents
siblings
grandparents
parents siblings


A tough one to follow is adoptions illegitimates and multiple marriages.

getmore4less

What sort of distribution are we looking at?


End of the day the distribution can be redone if someone turns up.

Ol_Jay

getmore4less wrote: »

How far removed are you?


I think you need to have the following dead end trees.


spouse(only)
kids
parents
siblings
grandparents
parents siblings


A tough one to follow is adoptions illegitimates and multiple marriages.

Hi and thanks again.

Sorry,I was being a bit vague on purpose but it may have already or could muddy the waters so i'll add further.

The deceased intestate was my 1st half cousin once removed, my grandads half brothers son. My grandad pre-deceased his (half) nephew. Re Grandads children there's my mum (who also pre-deceased) and my uncle (who is the admin ).
The intestate had no children,spouse,parents,or siblings. There was no issue of an uncle on his mums side. So as issue of pre-deceased half-uncle and in my case as issue (with sister) of pre-deceased half cousin are thinking we have a very strong case

Edit: Also please note my grandads half-brother had no father listed on birth cert and it's never been known who he was, by us at least.

Ol_Jay

getmore4less wrote: »

What sort of distribution are we looking at?

Thanks.
My uncle (the admin) would surely get 50%?, the other half split between me and sis,i believe as mum pre-deceased her (half) cousin.

getmore4less wrote: »

End of the day the distribution can be redone if someone turns up

Edit: I never covered this second point;

Ok thanks this is the worry and as PasturesNew said how would i feel etc, so moral question as well as (my uncles) legal duty.
Presumably because even though 12 years has passed, my uncle maybe could be found not to have "taken reasonable steps to find beneficiaries"?. Therefore not doing duties properly as Administrator?. What would constitute reasonable could/would be debatable surely, in court maybe, there is possible case law/precedents??

I think the only possible question Uncle has regarding closer relatives is if there were any issue of the pre deceased(whole blood) uncle on the deceased mums side. I looked on a popular family tree website and couldn't find any record of children, he married fairly late in life. To be fair I think uncle Admin has made some enquiries and did know the deceased half-cousin/ his family fairly well. From double-checking several times on .gov /probate service entitled relatives page and family tree site i think i agree.

Maybe professionals,with indemnity and then missing beneficiaries insurance is the way to go?. This really is mainly my uncles concern. Though could and probably should affect/concern me and my sister too as beneficiaries. If ever it is all sorted out and distributed it would be a worry if not handled correctly.

Sorry if rambling or repeating.

Thanks in advance, all comments appreciated.

Ol_Jay

PasturesNew wrote: »

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.

I agree. Certainly i think it would of been better for my uncle, as Administrator, to have researched more exhaustively and/or hired professionals, even though he knew the deceased fairly well but didn't have daily contact etc. Lets face it you could share a house with someone, even family and perhaps still not know their entire life.

Turning it around a bit...In some ways. at times, I'm beginning to feel a bit cheated. Such a long time has passed with no end in sight and of course i'm thankful and grateful for this potential inheritance and my Uncles work of sorts so far. My sister is more pro-active and is in regular contact. I think she is seeing her solicitor very soon.

g6jns_2

getmore4less wrote: »

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

Noted. I had assumed they were regarded as just another creditor. Then how can administrators of an intestate's estate protect themselves against an unknown relative appear years after the state has been distributed? It must be a common problem.

Crabapple

The answer would be to get proper family research done and if appropriate take out missing beneficiary insurance. Normally you'd take it out if it was possible that there was a beneficiary that couldn't be found, rather than going through the relevant sections of the tree and being sure there is no-one else.

If you had thought there was some other relation that had not been found then waiting the 12 years would be immaterial if they popped up later, they'd still be able to ask for their share. Steps should be taken to track people down, rather than waiting for whoever to appear.

I don't see how waiting years will have helped anyone.

It sounds like even though this excessive timescale has been reached the administrator is still doing nothing. If there's money enough to make it worthwhile, I'd suggest getting your own lawyer involved to put a rocket up them a bit!

RAS

Ol_Jay wrote: »

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!)

has it occured to you that

1. It is possible that uncle has very conveniently obtained "squatter's rights" by occupying the property for that period of time. I am not sure about this (the law on adverse possession used to have a 12 year limit) because uncle as admin has given uncle as occupier permission to occupy the land but you need to get advice.

2. If this is agricultural land he has probably granted himself an agricultural tenancy and it is very difficult to gain vacant possession of an ag tenancy.

I suggest that you go and see a good probate lawyer, pronto.

And consider registering an interest with the Land Registry.

Ol_Jay

g6jns wrote: »

Noted. I had assumed they were regarded as just another creditor. Then how can administrators of an intestate's estate protect themselves against an unknown relative appear years after the state has been distributed? It must be a common problem.

I had always thought this was the (dual) purpose of placing a statutory notice.

Crabapple wrote: »

The answer would be to get proper family research done and if appropriate take out missing beneficiary insurance. Normally you'd take it out if it was possible that there was a beneficiary that couldn't be found, rather than going through the relevant sections of the tree and being sure there is no-one else.

If you had thought there was some other relation that had not been found then waiting the 12 years would be immaterial if they popped up later, they'd still be able to ask for their share. Steps should be taken to track people down, rather than waiting for whoever to appear.

I don't see how waiting years will have helped anyone.

Thanks for the replies.

Agree. Uncle (Administrator) hasn't fulfilled his legal duty, or moral obligation, to either us or any potential missing beneficiaries by doing things this way

Alas my sis and myself just sort of deferred to him, felt we didn't have much choice anyway, were thankful and assumed he'd taken advice.

Crabapple wrote: »

It sounds like even though this excessive timescale has been reached the administrator is still doing nothing. If there's money enough to make it worthwhile, I'd suggest getting your own lawyer involved to put a rocket up them a bit!

I think this is the way forward. Hopefully get things moving and sorted properly. :cool: