brother hid father's death

andcow

My estranged father died recently and my brother, who himself had only re established contact recently (last 4 months) failed to tell me that our father was dead. (He also hid it from our mum who was divorced from our dad over 30 years earlier) Brother has sorted funeral and everything else including accessing his dad's bank account.
Though I suspect there was very little in the way of assets left, and I want nothing of it at all, (was planning to give to my sons/his grandsons!) how do I check a) if there were any assets and b) has my brother broken the law in the way he has acted?

dzug1

You can ask the Probate Office if a grant has been issued - cost around £6 the last time I checked but it may have gone up. If it has he's lied on the application form - but if not much was involved he probably didn't apply. If there was a grant it will tell you - maybe only approximately - what there was


He will more likely have signed a declaration form to the bank that he was entitled to the money - partly true.


If he hasn't paid you your share and is not intending to then he has stolen it from you - definitely a crime.


You are going to have to ask him if you want to pursue it

g6jns_2

andcow wrote: »

My estranged father died recently and my brother, who himself had only re established contact recently (last 4 months) failed to tell me that our father was dead. (He also hid it from our mum who was divorced from our dad over 30 years earlier) Brother has sorted funeral and everything else including accessing his dad's bank account.
Though I suspect there was very little in the way of assets left, and I want nothing of it at all, (was planning to give to my sons/his grandsons!) how do I check a) if there were any assets and b) has my brother broken the law in the way he has acted?

Unless your brother has obtained probate he is unlikely to have had legal access to the bank account.

pmlindyloo

g6jns wrote: »

Unless your brother has obtained probate he is unlikely to have had legal access to the bank account.

Not true!

My mother died very recently and I did not have to obtain probate as there was only one bank account and no other assets.

The bank transferred the money (less than £10000) to my account in 5 working days.

They took a copy of my ID and asked me to sign a form saying that I was entitled to the money. Apparently this form protects the bank if anyone comes along later and questions the transaction.

I was actually the executor but they did not ask to see the will with proof of this.

fabforty

andcow wrote: »

My estranged father died recently and my brother, who himself had only re established contact recently (last 4 months) failed to tell me that our father was dead. (He also hid it from our mum who was divorced from our dad over 30 years earlier) Brother has sorted funeral and everything else including accessing his dad's bank account.
Though I suspect there was very little in the way of assets left, and I want nothing of it at all, (was planning to give to my sons/his grandsons!) how do I check a) if there were any assets and b) has my brother broken the law in the way he has acted?

There is no obligation on your brother to notify you or anyone else of his fathers death. As you were estranged from your father, why not just leave well alone, especially as you say you want nothing from him - although by saying that you were planning to give anything that he might have had, to your children, you are in effect saying that you want something.

g6jns_2

pmlindyloo wrote: »

Not true!

My mother died very recently and I did not have to obtain probate as there was only one bank account and no other assets.

The bank transferred the money (less than £10000) to my account in 5 working days.

They took a copy of my ID and asked me to sign a form saying that I was entitled to the money. Apparently this form protects the bank if anyone comes along later and questions the transaction.

I was actually the executor but they did not ask to see the will with proof of this.

The bank were negligent in doing so. For that amount I would expect you to have got probate.

Flugelhorn

g6jns wrote: »

The bank were negligent in doing so. For that amount I would expect you to have got probate.

I did the same for a relative - for a sum of about 12k. Bank required death cert and a brief explanation of the family tree - cheque was sent to nearest relative and was distributed from there.

Shelldean

I also didn't obtain probate tho bank account t in question was 3k. Just showed death cert stated I was next of kin. And they opened account in my names In respect of xxx dec'd. When I needed any money for bills etc I just transferred it to my own.personal account.t with the same bank.

g6jns_2

Flugelhorn wrote: »

I did the same for a relative - for a sum of about 12k. Bank required death cert and a brief explanation of the family tree - cheque was sent to nearest relative and was distributed from there.

Again the bank were negligent. For an estate of that size probate is essential but pragmatically as long as the correct people got the money then non harm done. Unfortunately it not unknown for fraud to take place in such circumstances.

g6jns_2

Shelldean wrote: »

I also didn't obtain probate tho bank account t in question was 3k. Just showed death cert stated I was next of kin. And they opened account in my names In respect of xxx dec'd. When I needed any money for bills etc I just transferred it to my own.personal account.t with the same bank.

Next of kin has no legal meaning as far as inheritance is concerned. For that size of estate probate is seldom needed. The only problem is if the intestacy rules are not followed.

pmlindyloo

g6jns wrote: »

Again the bank were negligent. For an estate of that size probate is essential but pragmatically as long as the correct people got the money then non harm done. Unfortunately it not unknown for fraud to take place in such circumstances.

I'm sorry but you are wrong.

See here:

http://www.adviceguide.org.uk/england/relationships_e/relationships_death_and_wills_e/dealing_with_the_financial_affairs_of_someone_who_has_died.htm#if_the_amount_of_money_is_small

It is not always necessary to obtain probate.

I have also spoken to the Probate Office about this and they confirm that you do not need to apply for Probate in certain circumstances.