Can I claim inheritance if my sister does not claim her half 1 January at 10:40PM in Deaths, funerals & probate 9 replies 922 views

de1976

My grandmother past away and there was no Will. To cut a long story short, her step nephew tried to get me to sign it all over to him. I refused. So the inheritance was divided between my sister and I. The solicitor had not had much luck with getting her identity documents and it seemed to me she didn’t want to claim it ? It was all a bit odd. The solicitor told me it would go to court funds if not claimed. Anyway my question is if this did happen can I claim or does it stay in unclaimed estates. Thanks in advance 

Flugelhorn

if you and your sister are the only beneficiaries then you would get 50% each - they can't pay your sister's half to you it remains hers. Is she on benefits and trying to avoid having this sum of money? if so she will still be considered to have the money even though she hasn't received it 

theoretica

You cannot claim it - but your sister could sign it over to anyone she chooses, though as mentioned there will be significant issues if she is on benefits.  Are you in touch with her? Do you know why she is conflicted over this?

de1976

We don’t really have a relationship she is my half sister. But I have been in touch with her and she seemed to want to claim , but then seemed a bit off as the solicitor was asking for her ID etc. I think I’m the end they sent her a cheque. But obviously I won’t know if she has claimed it. I don’t know if she is on any benefits as far as I know she and her partner both work full time and have children. So if it went to unclaimed estates it would then go to her children ? 

user1977

de1976 said:

So if it went to unclaimed estates it would then go to her children ? 

If she never claims it then after her death it would go to whoever inherits her estate. It won't be anything to do with you (unless you ended up inheriting her estate).

de1976

Thanks for the advise everyone 

getmore4less

If she disclaimed the legacy it falls back into the residual estate.

If you are the only other residual beneficiary that would be you.

Solicitors should verify the beneficiaries identity and connection to the deceased.


(Disclaimer are not always straightforward as there are some rules)

Presumably your parent is deceased, and any of their siblings are also deceased and have no living children.

What I am not sure about is if disclaimer would send the legacy back to the original residual or just up one level.
Eg back to grandparent and then redistributed, or just to your leg of the tree your parent.

de1976

Yes my father  is no longer here so its myself and half sister are the next bloodline relatives. 

poppystar

I assume your half sister is a full blood relative to your deceased grandmother? 

de1976

Yes she is we both have same father (deceased)