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Probate Queries
Sobeboy15
Posts: 38 Forumite
I'm hoping some of you may be able to help with a delicate situation regarding the death of a friend.
As I read it under the rules of intestacy in England, if someone dies intestate then the only people that can inherit are blood relatives, not step or half brothers/sisters.
Background - my friend died and has a small estate and property she had no surviving relatives except for a step brother (which was a result of a second marriage between parents). She died without a will so under the rules of intestacy I was under the impression the estate after expenses would go to the Crown.
However her step brother has applied for probate and he is dividing the estate the way he sees fit between some of her long standing friends, he has though failed to include someone very close to her.
I am thinking that there may be something underhand happening here but my legal knowledge is really limited to the internet, and I'm not sure what to do in terms of ensuring what the step bother is doing is legally correct if indeed morally correct.
Any help would be appreciated.
As I read it under the rules of intestacy in England, if someone dies intestate then the only people that can inherit are blood relatives, not step or half brothers/sisters.
Background - my friend died and has a small estate and property she had no surviving relatives except for a step brother (which was a result of a second marriage between parents). She died without a will so under the rules of intestacy I was under the impression the estate after expenses would go to the Crown.
However her step brother has applied for probate and he is dividing the estate the way he sees fit between some of her long standing friends, he has though failed to include someone very close to her.
I am thinking that there may be something underhand happening here but my legal knowledge is really limited to the internet, and I'm not sure what to do in terms of ensuring what the step bother is doing is legally correct if indeed morally correct.
Any help would be appreciated.
0
Comments
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Can you just confirm that we are talking step-brother rather than half-brother here (i.e. not a child of either of the deceased parents as the result of a subsequent marriage).Sobeboy15 said:Background - my friend died and has a small estate and property she had no surviving relatives except for a step brother (which was a result of a second marriage between parents).1 -
Yes this is a step brother. A result of my friends mum remarrying and the person she married already had his own children.0
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On the facts given it would appear your friend's estate should go to the Crown.0
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On the facts it does not seem the step brother has the right to do what he is doing but there may be other wider family, cousins for example who have precedence over the estate going to the Crownuknick said:On the facts given it would appear your friend's estate should go to the Crown.1 -
As a stepbrother, he will not be able to apply for Probate - it would be letters of administration anyway. Either way, it will not be granted to him. He wont be able to access any of the deceased funds / house etc.1
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