How to proceed?

Keep_pedalling

Qust323 said:

Oh that does sound really unfair considering the circumstances. Is it on them to seek her out? She is not from the UK and lives in Southeast Asia. 

Not really unfair, the intestacy  rules can’t be designed for people who can’t be bothered to make wills or finalise a divorce. One of the first things anyone separating from a spouse should do is make a will, unfortunate most people fail to do so.

It is down to the administrators of the deceased sibling’s estate to establish his marital status and to distribute his estate appropriately. Presumably this will be the same people who are administering the parents estate. They can’t really apply for letters of administration until they establish his marital status, so the first step is to search for any divorce records. If there are none then the next step is to trace the spouse. If she did not pre-decease him then she inherits everything if not then his estate is slit between the surviving siblings.

p00hsticks

Qust323 said:

No biological children. 

Just checking as you specify no biological children - are there any legally adopted children ? As I believe they would be equally entitled to a share of an intestate estate as biological children

poppystar

Qust323 said:

So far they haven't found a will. They think they are divorced but are not positive ( separated and not spoken to each other for nearly 20 years). No biological children. 

You say no biological children but were there any adopted children then? 

Qust323

Thanks for highlighting but there are no adopted children. 

Qust323

Looking at the divorce form search they don't have the info to complete it. Do you think it would be wise for them to pass both or one of the estates to a solicitor? Thanks again everyone for the help so far.

RAS

Who is the executor of the parent's will?  They can get probate or the siblings can "administer with will". No need for a solicitor. They can even distribute the estate to the remaining siblings and "the estate of brother", as long as that is kept separately.

Regarding the brother check HMCTS Store a will with HM Courts and Tribunals Service (HMCTS) - GOV.UK (www.gov.uk) and ask local solicitor to send out an appeal to colleagues to see if any have a will stored. 

You can do a wider search of the divorce registry at a higher cost, but that can be taken out of the brother's estate as an allowable expense. However, there is no requirement on the siblings to administer their brother's estate if they don't want to. If they decide to try, a search company might be a better option than a solicitor, who'd probably only hire one anyway.

Qust323

The siblings are the executors of the parent's will. They still think he was divorced it's just proving it. If he was divorced abroad would they still be able to find out on gov.uk please? 

Keep_pedalling

Qust323 said:

Looking at the divorce form search they don't have the info to complete it. Do you think it would be wise for them to pass both or one of the estates to a solicitor? Thanks again everyone for the help so far.

What info are they missing? Unless they were divorced overseas it should be possible to provide enough for a search to be carried out.

There is certainly no need to pass the parent’s estate to a solicitor. The executors will need to hold back the deceased siblings share back until his estate has been resolved but they can complete probate and distribute the rest of the estate. 

Qust323

They think he came over to be married in the UK in the early 90s then went back abroad. They don't even know her full name. At least they can go back to doing their parent's estate when the grief has eased a little. They have had a really terrible year of it and just want it settled but I guess the brother's estate could drag out. Worst case scenario if he's not divorced / no will how long will they have to keep looking for his spouse? 

RAS

If he married in the UK, then they can get his marriage certificate.  Research your family history using the General Register Office - GOV.UK (www.gov.uk) which will detail his wife's name (assuming England or Wales, Scotland is easier).

With that date English and Welsh marriages will also be on Ancestry and possibly BMD or findmypast, so may be worth getting a free fortnight's subscription some time if it's not on free BMD?

I'd also suggest that they box up all paperwork and go through it at a later date looking for everything that might be a certificate or is in a foreign language. And look for any old passports or overseas residence permits.

Until they have a clue about which country she came from, it's hard to suggest more.