Finding Estate Information

Davylad

In an earlier post I asked about disinheriting by way of will the children of a pre-deceased daughter, I understand that this can be done, but how do I find out who is responsible for the estate if there is no will. Basically my kids grandmother died in July, for one reason or another she's had no contact with them since my wife's (her daughters) death in 2003, there is one surviving daughter who also has made no contact since 2003 (kids were 7,9 and 12 in 2003). I understand that if there is no will then the deceased daughter's inheritance passes to her kids, my question is how do I find out who is handling the estate if this is the case? I'm watching the UK Gov probate and wills website for a will but will this also show if there is no will?

MoneySeeker1

Try Certainty (which is the National Wills Registry). I'm in the process of making sure my own Will is Registered there - having ascertained that 70% of solicitors register Wills there and private individuals do so too.

Come My Time then people could either ring the local solicitors round here (not a lot of them and so wouldnt take much doing) or get in contact with Certainty.

TonyMMM

To deal with an estate where no will is left, someone will need to apply for "Letters of Administration", which gives them the power to distribute the estate according to the rules of intestacy - so it will still show up on the government website, but as an administration rather then as probate. (https://probatesearch.service.gov.uk/#wills).

Whether official administration is necessary will depend on the size of the estate, what it consists of and in which institutions any assets are held - it is possible the estate could be dealt with without it appearing at all.
 

xylophone

Did the grandmother own a property at the time of death?

Davylad

The grandmother did own property I would estimate the estate after the sale of property to be around the 200-250k, can I assume this would be enough to require official administration. I'm hesitant to leave it too long to just sit and wait as the other daughter would not be the type to invest any bequest wisely (I'm being nice)

xylophone

If the property was held in the sole name of the deceased, probate /LoA will be required  before it can be sold.

Savvy_Sue

xylophone said:

If the property was held in the sole name of the deceased, probate /LoA will be required  before it can be sold.

So it would be worth a quick check on the Land Registry website to see who is currently the registered owner. I think you can also put an 'alert' on a property to see if it ever changes hands. 

Of course, if the surviving daughter moves into the house and does not sell it, this won't get you any further forward. 

Savvy_Sue

Oh, and just to say that there's another situation in which the current ownership of the property might not help you, but it might give you a clue - if Grandma's house was sold before death, perhaps because she needed residential care, then obviously probate won't be needed to sell it now. 

Davylad

Savvy_Sue said:

xylophone said:

If the property was held in the sole name of the deceased, probate /LoA will be required  before it can be sold.

So it would be worth a quick check on the Land Registry website to see who is currently the registered owner. I think you can also put an 'alert' on a property to see if it ever changes hands. 

Of course, if the surviving daughter moves into the house and does not sell it, this won't get you any further forward. 

Would she be legally able to move in with 50% of the property belonging to the grandkids? I've checked and the house has not as yet been sold

Robin9

Davylad said:

Would she be legally able to move in with 50% of the property belonging to the grandkids? I've checked and the house has not as yet been sold

It will be the estate (that includes the value of the house) that they have a share of - not the house itself.

Davylad

Robin9 said:

Davylad said:

Would she be legally able to move in with 50% of the property belonging to the grandkids? I've checked and the house has not as yet been sold

It will be the estate (that includes the value of the house) that they have a share of - not the house itself.

So if the sister wanted stay in the house she would have to stump up half of the value?