Intestacy rules

Jenniefour

Don't give up just yet. The uncle who dealt with the estate had a duty to carry out their obligations properly, and your mother's subsequent death does not alter that. Worth half an hour with a solicitor.

Frosty86

Thank you for the responses. I'll speak to a solicitor. Unfortunately, I think it's likely nothing can be done as my mother cashed the cheque and the letter she received along with it read that by cashing the cheque she was accepting that as her share

Keep_pedalling

Frosty86 wrote: »

Thank you for the responses. I'll speak to a solicitor. Unfortunately, I think it's likely nothing can be done as my mother cashed the cheque and the letter she received along with it read that by cashing the cheque she was accepting that as her share

Legacies are often paid in chunks, cashing the cheque does not mean it is excepted the only thing that would do that would be to agree to a deed of variation. Did the estate actually go through probate?

Frosty86

The estate did go through probate but beyond that we only had an estimate of value of estate. The cheque was accompanied by a letter saying by cashing the cheque you would be accepting the amount cashed as your share of the estate. I think I'm gradually questioning this more and more as surely a beneficiary, even acting as a representative cannot dictate other beneficiaries shares, especially when it is to their own benefit.

Jenniefour

You're right to question this. No, one beneficiary can't dictate the share others receive - the estate should be administered according to the law. An equal split between the four after funeral costs, debts and other proper expenses have been paid.

Yorkshireman99

Frosty86 wrote: »

The estate did go through probate but beyond that we only had an estimate of value of estate. The cheque was accompanied by a letter saying by cashing the cheque you would be accepting the amount cashed as your share of the estate. I think I'm gradually questioning this more and more as surely a beneficiary, even acting as a representative cannot dictate other beneficiaries shares, especially when it is to their own benefit.

Have you bought a copy of the will from here?

https://www.gov.uk/search-will-probate

This will tell you the total estate value.

Keep_pedalling

Yorkshireman99 wrote: »

Have you bought a copy of the will from here?

https://www.gov.uk/search-will-probate

This will tell you the total estate value.

There was no will, but the OP can still obtain the probate records which will show the estate value.

getmore4less

Frosty86 wrote: »

The estate did go through probate but beyond that we only had an estimate of value of estate. The cheque was accompanied by a letter saying by cashing the cheque you would be accepting the amount cashed as your share of the estate. I think I'm gradually questioning this more and more as surely a beneficiary, even acting as a representative cannot dictate other beneficiaries shares, especially when it is to their own benefit.

Beneficiaries(or their representatives) have 12 years to claim their inheritance, where the administrator held the assets failing to distribute that overrides the 12years to make a claim.