Letters of administration/estate distribution /estranged family 20 November 2022 at 11:05AM in Deaths, funerals & probate 7 replies 452 views

missymiss1010

Hi all, could I ask for some advice please,

Some background to my query. 

Relative died,no spouse or children.
Had siblings.
One sibling died after this relative,and has living wife and offspring. (This estate already sorted)

No will. 

Letters of administration granted to one of siblings .
Relatives/family estranged.
Notice in newspaper asking those with a claim against or an interest in the Estate to make a claim.
So questions are
  Do siblings have to apply to make a claim on the estate ?
  In the case of sibling who has since died, does that share go to their estate(which has already been sorted) or to the offspring of that sibling ?
  and does she or the offspring have to make a claim?

Hope that’s not too muddled ,advice appreciated. 

Alphatauri

Under the laws of intestacy the siblings should automatically get a proportionate share of the residual estate. Where one sibling has died and has children, the children will inherit their share. There is no need to claim this, but it may be useful to provide the Administrator with up to date contact information.

The notice in the newspaper is likely to also be in The Gazette. The purpose of this is to notify people and businesses owed money by the deceased to make a claim. They need to claim within 6 months of the notice after which the Administrator can then start to distribute the estate.  

If you haven’t already done so you can apply for a copy of the Letters of Administration. 

Keep_pedalling

No one has to make a claim the administrator is obliged to distribute the estate as per intestacy law. No need to put an advert in the paper, but unless they are fully aware of the deceased siblings finances they should put an advert in the London Gazette to protect themselves from unknown creditors.

The share that would have gone to the sibling who died previously goes in equal shares to their children. 

Marcon

missymiss1010 said:

Hi all, could I ask for some advice please,

Some background to my query. 

Relative died,no spouse or children.
Had siblings.
One sibling died after this relative,and has living wife and offspring. (This estate already sorted)

No will. 

Letters of administration granted to one of siblings .
Relatives/family estranged.
Notice in newspaper asking those with a claim against or an interest in the Estate to make a claim.
So questions are
  1. Do siblings have to apply to make a claim on the estate ?
  2. In the case of sibling who has since died, does that share go to their estate(which has already been sorted) or to the offspring of that sibling ?
  and does she or the offspring have to make a claim?

Hope that’s not too muddled ,advice appreciated. 

1. No, but ensuring now that the sibling who has been granted letters of administration has up to date contact details for their fellow siblings can be useful - people aren't always where they were when last in contact with their family, particularly if they are estranged (doesn't impact on their entitlement to benefit, but could impact on the administrator's ability to pay them out when funds are available)
2. See https://www.gov.uk/inherits-someone-dies-without-will - but that's for the administrator to worry about

Flugelhorn

worth dropping the administrator a note, emphasising that you are being helpful, indicating the names and contact details of the children of the deceased sibling and any other siblings 

msb1234

Alphatauri said:

Under the laws of intestacy the siblings should automatically get a proportionate share of the residual estate. Where one sibling has died and has children, the children will inherit their share. There is no need to claim this, but it may be useful to provide the Administrator with up to date contact information.

The notice in the newspaper is likely to also be in The Gazette. The purpose of this is to notify people and businesses owed money by the deceased to make a claim. They need to claim within 6 months of the notice after which the Administrator can then start to distribute the estate.  

If you haven’t already done so you can apply for a copy of the Letters of Administration. 

Surely as the sibling of the deceased died AFTER the deceased, their share would go to their wife?

Alphatauri

Sorry misread the OP and thought the other sibling died first. 

The share due to the deceased sibling would be distributed as per their will or if no will the laws of intestacy. 

Keep_pedalling

Alphatauri said:

Sorry misread the OP and thought the other sibling died first. 

The share due to the deceased sibling would be distributed as per their will or if no will the laws of intestacy. 

I made the same mistake, so yes it would go to his wife unless his will left his residual estate to other people.