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Missing relatives and will

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Hello all you lovely people.

I've got a couple of questions that I'm hoping you can help me with. I will phone up and ask for advice, but would appreciate your thoughts

My dad died recently in his 90s. A copy of his will was sent to the court of protection when registering as a deputy. However, after house moves etc, the original cannot be located. Everything was to be split evenly between his children and is unlikely to be contested by any of us. What can we do?

My dad was the youngest in a large family that live abroad. It's been bad enough remembering all of his siblings and their children, but the probate forms asks for details of aunts and uncles and I've no idea. These were never part of our family when we were growin up so we have no knowledge of any of them and I'm not sure that the surviving relatives will know any of the details.

Any useful suggestions?

Thank you
«1

Comments

  • Keep_pedalling
    Keep_pedalling Posts: 20,815 Forumite
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    Providing he did not have a wife when he died the rule of intestacy will split the proceeds of the estate exactly as the will would, so if it does not turn up you can apply for letters of administration without the will.

    If the will was written by a solicitor then they are still likely to hold the original.
  • Flugelhorn
    Flugelhorn Posts: 7,323 Forumite
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    I think you will find that the form only asks for aunts and uncles if there are no parents / children / siblings
  • Keep_pedalling
    Keep_pedalling Posts: 20,815 Forumite
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    Flugelhorn wrote: »
    I think you will find that the form only asks for aunts and uncles if there are no parents / children / siblings

    No it asks regardless, but in this case I would simply make a best guess, it will make no difference to the outcome.
  • Flugelhorn
    Flugelhorn Posts: 7,323 Forumite
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    No it asks regardless, but in this case I would simply make a best guess, it will make no difference to the outcome.


    actually section 5.3 of the PA1 form (uncles / aunts etc) says :
    Note 5.3 !!!8211; This section
    should only be completed
    if no relatives have been
    entered in section 5.2.
  • SevenOfNine
    SevenOfNine Posts: 2,388 Forumite
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    Flugelhorn is correct.

    5.1 'No' to surviving spouse/civil partner.
    Complete block 5.2a to 5.2c then move on to Q6 all as described in the notes at the side.

    We completed FiL's with only the 2 sons & skipped on to no. 6 have just received the oath, no problems.
    Seen it all, done it all, can't remember most of it.
  • Keep_pedalling
    Keep_pedalling Posts: 20,815 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
    Flugelhorn wrote: »
    actually section 5.3 of the PA1 form (uncles / aunts etc) says :

    Apologies for my error.
  • Thank you everyone. It looks like it's not as bad as I thought
  • Tom99
    Tom99 Posts: 5,371 Forumite
    1,000 Posts Second Anniversary
    edited 23 March 2018 at 7:21AM
    Apologies for my error.

    The form has only recently been changed to add that comment, I looked at the form I completed last year and its missing.
  • SevenOfNine
    SevenOfNine Posts: 2,388 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Tom99 wrote: »
    The form has only recently been changed to add that comment, I looked at the form I completed last year and its missing.

    In 2012 & 2016 regarding aunts, uncles (section B6a) & grandparents (section B5) the form notes say "Sections B5 and B6 only need to be completed if the deceased had no relatives in Section B1 - B4 (B2a is the sons/daughters).

    Flugelhorn would still be correct even back then, it's the section letters/numbers that changed, not the instruction.
    Seen it all, done it all, can't remember most of it.
  • Tom99
    Tom99 Posts: 5,371 Forumite
    1,000 Posts Second Anniversary
    In 2012 & 2016 regarding aunts, uncles (section B6a) & grandparents (section B5) the form notes say "Sections B5 and B6 only need to be completed if the deceased had no relatives in Section B1 - B4 (B2a is the sons/daughters).

    Flugelhorn would still be correct even back then, it's the section letters/numbers that changed, not the instruction.

    You may well be right as far as 2012 and 2016 are concerned but the form available in Jan 2017 had no such notice against Section 5.3.
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