Intestacy rules

Frosty86

If a person dies without a will and their children inherit the proceeds of the estate by rules of intestate is it possible for one of the children to offer a lower amount than a full share to other children. For example if there are three children can one offer the other two less than a third? Or do they have to provide the full share?

antrobus

Frosty86 wrote: »

If a person dies without a will and their children inherit the proceeds of the estate by rules of intestate is it possible for one of the children to offer a lower amount than a full share to other children. For example if there are three children can one offer the other two less than a third? Or do they have to provide the full share?

The administrator of the estate has to follow the rules.

Frosty86

In this case one of the children is the administrator and has refused to provide estate accounts and has just sent a cheque offering a figure that is believed to be well below a third share of the estate

Yorkshireman99

How old are the children?

antrobus

Frosty86 wrote: »

In this case one of the children is the administrator and has refused to provide estate accounts and has just sent a cheque offering a figure that is believed to be well below a third share of the estate

You go to court and make an application under the "Administration of Estates Act 1925 for an inventory and account to be provided."

https://www.edwincoe.com/blogs/main/duties-executors-administrators-rights-beneficiaries/

Frosty86

All adults in 40s and 50s

Frosty86

If the cheque is cashed does that mean that the offer has been accepted and the matter is concluded or should the full accounts be made available and the full share be paid?

Frosty86

The person who died was my grand father. and the person who received the offer was my mother from my uncle. At the time she did contest this but due to both her ill health and my step father's ill health she relented and cashed the cheque. This was last year. Both my step father and mother have since passed away and I am administering my mother's estate. As I am duty bound to ensure all assets are collected I wanted to be sure there is nothing I can claim against my grand father's estate.

DigForVictory

I'm sorry for your loss & the additional grief that this situation has brought.

Most foolish of them - they could have extracted a chunk as administrators expenses entirely legitimately, divided what was left and published the accounts. Indeed, they may have done.

You may want to spend half an hour with a solicitor checking what rights you have, as you may be going back to the Probate Division of the High Court of Justice.
This being neither simple nor cheap, the prospect of it may shake your kinsman into providing the accounts for a starter.

Meantime, hold but possibly do not bank the cheque, nor sign anything suggesting you have received it. Petty, but it should hold up finalising the estate unless forgery is contemplated.

Frosty86

Thank you for the response. Unfortunately, due to the situation they cashed the cheque so I assume there is nothing can be done now.

Yorkshireman99

Cashing the cheque does NOT prevent action to recover the shortfall.