Grandmother died Intestate. Aunt says she's the ONLY inheritor. Do I need a lawyer?

Chao123

Hi All,

My grandmother died two years ago now and following difficulty her will (which excluded my aunt) was judged to be invalid.

My aunt then submit a probate application and was granted letters of administration to handle the estate. The largest asset a house has now been sold and my aunt has contacted me to ask for my bank details so she can give me and my son some money. When I questioned her she said the estate is using intestate rules and as she is next of kin (only surviving child) she inherits the whole lot but has decided to give me some as that's what my nan wanted.

My issue is from what I've read as the only surviving child of my deceased father I should be entitled to my father's share splitting my nan's inheritance in half with my aunt. Am I missing something? Should I get a lawyer to look into this? I don't really have much money so is there any way I can get one for free initially?. If I accept any payment from her will that be agreement and I forfeit any other share? Could she have lied on the probate application to say she is the only child and her deceased brother( my dad) never had any children? 

She originally got a lawyer to contest the will and administer the estate, should I contact them before I get my own lawyer?

Thanks in advance for any helpd

Mojisola

Chao123 said:

My issue is from what I've read as the only surviving child of my deceased father I should be entitled to my father's share splitting my nan's inheritance in half with my aunt. Am I missing something?

No, you are entitled to your father's share.

I would write to her and say just that and see how she replies.

This is the relevant info -

www.gov.uk/inherits-someone-dies-without-will/y/england-and-wales/no/yes

Marcon

Chao123 said:

Hi All,

My grandmother died two years ago now and following difficulty her will (which excluded my aunt) was judged to be invalid. Not really a surprise, given the will was unsigned, according to another of your posts.

My aunt then submit a probate application and was granted letters of administration to handle the estate. The largest asset a house has now been sold and my aunt has contacted me to ask for my bank details so she can give me and my son some money. When I questioned her she said the estate is using intestate rules and as she is next of kin (only surviving child) she inherits the whole lot but has decided to give me some as that's what my nan wanted.

My issue is from what I've read as the only surviving child of my deceased father I should be entitled to my father's share splitting my nan's inheritance in half with my aunt. Correct.

Am I missing something? No, your aunt is!

Should I get a lawyer to look into this? I don't really have much money so is there any way I can get one for free initially?. If I accept any payment from her will that be agreement and I forfeit any other share? You wouldn't normally be 'agreeing' to anything just by accepting a payment (which would normally be regarded as an interim payment) but given she seems to be a slippery customer, there's merit in not doing so until matters are sorted out (i.e. she gets the message that she gets half and you get half).

Could she have lied on the probate application to say she is the only child and her deceased brother( my dad) never had any children? Yes.

She originally got a lawyer to contest the will and administer the estate, should I contact them before I get my own lawyer? Probably no bad idea and won't cost you anything.

Thanks in advance for any helpd

Please see above.

Flugelhorn

from what you have written she seems to have completely misunderstood intestacy - it won't matter what she wrote on the LOA application, she still has to follow the rules

p00hsticks

Looking back over your previous thread from when your nan first died , you refer to someone called Oke who you say your grandmother considered to be her son but was actually adopted in Nigeria, and you were unclear as to whether it was a formal adoption that would be recognised in this country or not. Is this your father and has the status of his adoption been clarified ? 

https://forums.moneysavingexpert.com/discussion/6062284/issue-with-potentially-unsigned-will#latest

Chao123

Hi All,

Thanks for the great info. I messaged my aunt last night and emailed her lawyer. She hasn't responded to me which isn't surprising.

The lawyer however has asked for copies of mine and my father's birth certificates as well as a family tree. I've given her the family tree and explained I don't have my father's birth certificate as it was with my nan's belongings which her client has but the main issue might be my father isn't listed on my birth certificate (discovered this morning). My parents split before I was born so no one is listed as father on my birth certificate but it has never been in dispute as to my lineage. Everyone in the family knows I am his son and I was sort of the star grandchild for my nan. Will I likely have to obtain a DNA test or would the general knowledge of the family (assuming my aunt doesn't contest my birth) be accepted?

To answer the question above no I am not the son of the (maybe not legally) adopted son, my father was a biological son.

Neruda

Chao123 said:

I've given her the family tree and explained I don't have my father's birth certificate as it was with my nan's belongings which her client has but the main issue might be my father isn't listed on my birth certificate (discovered this morning).

It is easy to get additional copies of a birth certificate.

As for establishing your parentage: you mention general family knowledge so probably if one or more family members is willing to make a sworn statement that should do the job. You will need to find a solicitor who is also a Commissioner for Oaths: the fee you will have to pay for the sworn statement should also cover paying for an expert opinion as to whether this would do what you need it to do.

TonyMMM

As your parents weren't married (if they were your father would have been named on the birth register), it does complicate things.

The good news is that the distinction between legitimate/illegitimate children and inheritance was removed some time ago - so that isn't an issue.

But a difficulty could arise if your Aunt disputes that you are the child of your father - you will then have to provide evidence that you are. That could involve DNA testing ( with a comparison to a living, and documented, relative of your father), statements from family members would be relevant, but not conclusive, and you may have to obtain a declaration of parentage from a court. If that does arise you will need specialist advice. 

Is your mother still alive ?

p00hsticks

Chao123 said:

To answer the question above no I am not the son of the (maybe not legally) adopted son, my father was a biological son.

So potentially there is a third possible beneficiary apart from you and your aunt ?

Is the (possibly) adopted son still alive, or if not do they have offspring of their own ?

If the adoption is legally recognised then the intestacy rules say they should be treated as if they were a biological child.

Chao123

Is your mother still alive ?

Yes she is.

I'm happy to go with a DNA test if its necessary I look a lot like my father did at my age and there has never been a question if I was, my parents simply fell out before I was born. I can't imagine she would seriously contest on the grounds I'm not actually her nephew but I guess money makes people do things.

p00hsticks said:

So potentially there is a third possible beneficiary apart from you and your aunt ?

Is the (possibly) adopted son still alive, or if not do they have offspring of their own ?

If the adoption is legally recognised then the intestacy rules say they should be treated as if they were a biological child.

Potentially. He is alive and lives in Nigeria but I am 99% sure my grandmother didn't legally adopt him in Nigeria she simply called him her son and treated him as such during her yearly trips back home to Nigeria. I'm 100% sure he wasn't adopted in the UK.

Neruda

Chao123 said:

p00hsticks said:

So potentially there is a third possible beneficiary apart from you and your aunt ?

Is the (possibly) adopted son still alive, or if not do they have offspring of their own ?

If the adoption is legally recognised then the intestacy rules say they should be treated as if they were a biological child.

Potentially. He is alive and lives in Nigeria but I am 99% sure my grandmother didn't legally adopt him in Nigeria she simply called him her son and treated him as such during her yearly trips back home to Nigeria. I'm 100% sure he wasn't adopted in the UK.

Was the adoption formalised according to the law in Nigeria? If so he would have a watertight claim to his share of the estate.

Furthermore, if you have reason to believe that the adoption was real according to local custom then giving him his share of the estate is undoubtedly the right thing to do.