Would you challenge intestate if you were me?

Glitter_Girl

Hi

Have a bit of a dilemma. My uncle passed away last year, he had no partner and no children and also no will. I don’t have much of a clue about these things and only actually found out the word “intestate” today through googling it!

He has a surviving parent and 3 surviving siblings, however my father would have been his 4th sibling but he passed away many years ago now.

After my uncles death I did not know I was entitled to my fathers share of any payouts. My uncle had 2 insurance policies - the first one was dealt with by one of his siblings, and I did not hear a thing about it (I believe my grandmother was given 50% and the rest split between the 3 living siblings). The second one, however, was dealt with by a lawyer, and this is how I’ve now found out about my entitlement in place of my father.

My dilemma now is - 1) can I dispute or challenge this first insurance policy payout and 2) do I really want to start a family war for it?!

My uncles death was a very difficult time for the whole family and I’m feeling guilty just thinking about this, however I also am trying to think of what my father would want me to do. Any advice would be appreciated!

Edited to add: this is in scotland, just incase that makes any difference!

Tom99

[FONT=Verdana, sans-serif]Yes you should challenge it, you were entitled to a share of your uncles estate. It may be that the administrators of the estate made a genuine error and did not realise you were entitled.[/FONT]
[FONT=Verdana, sans-serif]The sooner you broach the subject the better.[/FONT]

Glitter_Girl

Tom99 wrote: »

[FONT=Verdana, sans-serif]Yes you should challenge it, you were entitled to a share of your uncles estate. It may be that the administrators of the estate made a genuine error and did not realise you were entitled.[/FONT]
[FONT=Verdana, sans-serif]The sooner you broach the subject the better.[/FONT]

I don’t have any paperwork or anything relating to the 1st payout. Do you think that will matter? Will the lawyer be able to find that for me?

Glitter_Girl

Nick_C wrote: »

How much was the value of the estate? Under Scottish law, the widow gets the house and contents (up to a certain limit) and the first £75K of the rest.

There was no widow, he was not married and did not have a partner.

Tom99

Glitter_Girl wrote: »

I don’t have any paperwork or anything relating to the 1st payout. Do you think that will matter? Will the lawyer be able to find that for me?

[FONT=Verdana, sans-serif]I would write to the three siblings, the administrator of the estate and the lawyer. Point out that whilst they were probably not aware you had an interest you now want that corrected.[/FONT]
[FONT=Verdana, sans-serif]Be polite, because they may have made a mistake and welcome the chance to put it right.[/FONT]

Yorkshireman99

Glitter_Girl wrote: »

I don’t have any paperwork or anything relating to the 1st payout. Do you think that will matter? Will the lawyer be able to find that for me?

Insurance payment s like this do not usually form part of the estate. They are paid directly to whoever the insurance company decides should receive it. The insured can lodge a letter of wishes with the insurer stating who they wish to receive the payment but the insurers are not bound to follow it. If there is no wishes letter the insurer will usually pay it to a close relative typically the spouse or children. The reason for doing this is that any payout is not subject to IHT. It is likely the the estate administator would know where the money wnet.

Margot123

"My uncles death was a very difficult time for the whole family and I’m feeling guilty just thinking about this, however I also am trying to think of what my father would want me to do. Any advice would be appreciated!...."

This is the part that no one can advise on. You appear to already have doubts about challenging the previous payout, and you must think how it will affect you if you pursue it. Money isn't everything, it can tear you apart, as well as your family.
It's not really about what your Father would have wanted, although I can see that you are looking at this for guidance. It is about you, and what you can live with.

Nick_C

Glitter_Girl wrote: »

There was no widow, he was not married and did not have a partner.

Thank you! I shouldn't try to answer issues like this when I am only half awake!

unforeseen

I think that unless you know that there were other assets apart from the 2 insurance policies then it is not worth pursuing.

As has been pointed out, insurance payouts do not normally form part of the estate and distribution of these is the decision of the companies.

I am only guessing but the second may have paid out to the grandmother and it was her decision to split half of across her surviving children.

Glitter_Girl

Thank you all for the advice - lots to think about!

Newly_retired

I don't know what kind of sum we are talking about here, but if it means trying to claw back money from those who have received it, it is surely likely to cause so many problems for them, is it worth it?


It may depend on your relationship with the other beneficiaries.
Whatever your legal rights, my personal opinion is that it is best left. If the others now realise you should have had a share in the previous pay out, they may behave generously towards you, or they may feel guilty and avoid you. We don't know your family situation.