Would you challenge intestate if you were me?

Glitter_Girl

Newly_retired wrote: »

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.

It’s a tough one, I am led to believe that one of the siblings knew I should have received a share but fought for me not to. They now know that I should have, and if I were one of them I would have thought “right, let’s re-evaluate this and share it out again” however none of them seem to be forthcoming with this idea. Which puts me in an awkward place. I don’t want to be the one who brings it up. We’re not the closest of family, but I still don’t want to be the one who pushes it further apart.

I suppose I wish they put themselves in my shoes - I very much doubt they would hold back if any of them had been left out.

I hate how a death in the family always turns to money!

Glitter_Girl

Newly_retired wrote: »

I don't know what kind of sum we are talking about here

Around £90k as far as I know, split between of course.

Silvertabby

This is from the UK.Gov website.(died intestate, no spouse or children).

English Law:

Everything goes to the parent(s)


Scottish Law:

The estate is split in two, half goes to the parents and half to the brothers or sisters.
If a brother or sister has already died, their children (nieces and nephews of the deceased) inherit in their place.

So, if English Law applies then I'm afraid that you are at the whim of your grandmother.

unforeseen

Silvertabby wrote: »

This is from the UK.Gov website.(died intestate, no spouse or children).

English Law:

Everything goes to the parent(s)


Scottish Law:

So, if English Law applies then I'm afraid that you are at the whim of your grandmother.

See first post. It's Scotland

theoretica

Glitter_Girl wrote: »

Around £90k as far as I know, split between of course.

So with half to the mother, about 11k to you, or around 4k from each sibling. If the second insurance is only now being split, they may not have spent that all yet so may be more likely to be able to release 4k without hardship.

Personally, I would ask the question in a search for information, but not at first challenging the decision.

Jenniefour

As per YM and unforeseen. Sounds like there was nothing in the estate. If the insurance company decided to pay out a policy to your grandmother and her living children that's their decision. There is nothing being withheld from you to which you were entitled, since insurance policies are not normally part of the estate anyway, so enjoy what you received as a result of the decision by the other insurance company.

To answer your question. No, I wouldn't challenge because you probably have no case so there is nothing to challenge. What might have been confusing is that the first insurance company seem to have decided to pay out as per Scottish laws of intestacy - but that doesn't then make the proceeds of that insurance policy part of the estate.

Moogles44

It’s cost me £40,000 so far to challenge a will in solicitors fees and it hasn’t finished yet. Unless you get legal aid be aware of this as you may well not get it back . From what I have learnt this past year , unless it’s worth more than the amount I’ve paid out I wouldn’t bother.

I’m guessing in this case it may be better just to leave it and keep the peace. I’ve just recently made up with an aunt who looks like my mum ( her sister) and it’s good to have her back as she looks like my mum and has her mannerisms and although sad it’s lovely as for me it keeps my mum alive a bit still and I want my children to see what there nan would be like. If you do this you may lose the chance of having them in your life , which you may want as you get older.

Big decisions for you so hoping you make the right one xx

Margot123

Don't be tempted by one of those 'no win, no fee' businesses either. They will get you signed-up to insurances that will cost a lot of money whether you win or not!

Moogles44

Margot123 wrote: »

Don't be tempted by one of those 'no win, no fee' businesses either. They will get you signed-up to insurances that will cost a lot of money whether you win or not!

I totally agree with Margot above , I’ve learnt that no win no fee often have higher costs than funding yourself and if you win you could win like £40k but have to pay them 60k!

Glitter_Girl

Thank you all for your replies, I have decided to not pursue this any further. I really appreciate all the advice ��