Intestate advice required

Valleyboy76

Hello, we are after some advice from someone with more knowledge in these matters than we have. 

My wife’s father sadly passed away about 6 months ago. He did not leave a will and had no wife or legal partner. My wife is one of his 6 children (from 2 marriages). She has been told that his other 5 children have gone through probable and are in the process of splitting his estate between themselves, excluding her completely. She believes that they did not mention her in their application. 

Our question is: Are they allowed to do this and if not, what does my wife need to do to take matters further?

Her birth certificate clearly lists that the deceased was named as her father.

Thank you in advance for your help in this matter.

Valleyboy76

Sorry, predictive text error. Her other 5 siblings have gone through ‘probate’.

Brie

is it a substantial estate?  if so perhaps she need to get a solicitor.

Or is it simply that she had fallen out with the family and they think they are entitled due to that?

RAS

Have you downloaded details of the probate? It seems unlikely that probate would be administered by all five of the other children; more likely that one or two are the named administrators. And knowing which would be useful, so she knows who to challenge.

A basic search is £1.50 Search probate records for documents and wills (England and Wales) - GOV.UK (www.gov.uk)

Valleyboy76

Thank you for your reply. 

We believe the estate is around £300k. She hasn’t fallen out with the family but they’ve not really maintained contact over the years, although she regularly spoke with her father before he passed away. There are two separate families involved and my wife doesn’t live in the same area anymore. 

We will be speaking to a solicitor about this but were just wondering if anyone could confirm that the siblings were wrong to leave her off the list of potential inheritors? Is this seen in any way fraudulent, to increase their share?

RAS

The rules depend on which country the father lived in but if you go here, it sets out the situation. And even illegitimate children who are acknowledged and adoptees have the same rights.

Intestacy - who inherits if someone dies without a will? - GOV.UK (www.gov.uk)

Valleyboy76

Thanks RAS. Yes, we had checked the rules but could not find any answers to the scenario of one child being excluded from the share of the estate. 

Her father lived in England so ‘normal’ rules should apply. My wife was originally told that the family (step-siblings) were putting the procedures in order but now finds that they have gone through probate, with one of the acting as administrator and are excluding her altogether. 

RAS

It is the administrator who is legally responsible for distributing the estate in line with the intestacy rules. They would be personally liable if they do otherwise. A swift letter from a solicitor might sort out.

elsien

Valleyboy76 said:

Thanks RAS. Yes, we had checked the rules but could not find any answers to the scenario of one child being excluded from the share of the estate. 

Her father lived in England so ‘normal’ rules should apply. My wife was originally told that the family (step-siblings) were putting the procedures in order but now finds that they have gone through probate, with one of the acting as administrator and are excluding her altogether. 

The estate administrator cannot unilaterally take it upon themselves to exclude a beneficiary.  They have to follow the intestacy rules. What information do you have that makes your wife believe that she is being excluded - who has she been told by and how reliable are they? 

gozaimasu

I believe the administrator/executor of the estate has a year from granting of probate in which to provide all beneficiaries their share? By all means get a letter from a solicitor but you could just send a letter before action to the administrator (if you know their address).

Valleyboy76

Thank you for the feedback so far. To answer the question from elsien, it was my wife’s sister who let slip that they were proceeding without her. 

She’d originally told us that a step-sibling would be living in her fathers house until March next year in order to make it ready for the market. He would live there rent free in return for fixing it up. We now find that they have used this time to continue the probate procedures. 

I think we will book a solicitor to assist with the next steps.