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Inheritance

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Mum passed. 6 siblings. Only 1 got estate. Mum informed 1 of 5 other siblings she had not made a Will a couple of weeks before passing.  Other 5 siblings don't know value of estate or whether there was a Will.
Mum had many rental properties but we're not aware of addresses except 2.

Did property search, revealed nothing in Mums name. I did land registry search on known property, transferred into the 1 siblings name, hence why the property search did not reveal anything. So all of mum's properties probably transferred to the 1 sibling.

Done Will search with national Will register about week ago, no response as yet.

Is it worth going to court with this?

Comments

  • Olinda99
    Olinda99 Posts: 2,042 Forumite
    1,000 Posts Third Anniversary Name Dropper
    why court ?

    normally without a will the beneficiaries would be the children in equal shares - one of you should offer to become administrator

    if the properties were transferred to your sibling within the last seven years they will be counted for inheritance tax
  • RAS
    RAS Posts: 35,405 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    If mum died intestate, then someone needs to get probate. If "the one" has done that, then you can get the basic details by going to the Probate Registry (gov.uk) site and downloading for £2.

    If probate hasn't been granted, then any of the other 5 children can apply and any of them can issue a caveat preventing "the one" boating it with discussing with the rest of the family

    Beyond that:

    Is it possible that mum signed some properties over to "the one"? Even if she did, unless this was more than 7 years ago IHT has to be paid if due.

    Was mum single, widowed or divorced?
    If you've have not made a mistake, you've made nothing
  • Unless the properties were transferred in her lifetime it could not have been done without probate or (if there was no will) letters of administration, so you first step should be to check the probate records.

    https://probatesearch.service.gov.uk/
  • bobster2
    bobster2 Posts: 943 Forumite
    Sixth Anniversary 500 Posts Photogenic Name Dropper
    bhavu said:
    Mum passed. 6 siblings. Only 1 got estate. Mum informed 1 of 5 other siblings she had not made a Will a couple of weeks before passing.  Other 5 siblings don't know value of estate or whether there was a Will.
    Mum had many rental properties but we're not aware of addresses except 2.

    Did property search, revealed nothing in Mums name. I did land registry search on known property, transferred into the 1 siblings name, hence why the property search did not reveal anything. So all of mum's properties probably transferred to the 1 sibling.

    Done Will search with national Will register about week ago, no response as yet.

    Is it worth going to court with this?
    The National Will register is not a complete record of all Wills. 

    Can you clarify - was the property transferred to your sibling before your mother died?

    You need to search the probate register to find out whether sibling has obtained probate (if there was a will) or letters of administration (if there wasn't)...

    https://probatesearch.service.gov.uk/
  • bhavu
    bhavu Posts: 8 Forumite
    Part of the Furniture First Post Combo Breaker
    Hi all, thanks for your replies.
    I say court as I think that's next step?

    I have checked the probate website daily but nothing coming up.

    If National Will register is not complete then where would I find a Will?

    If I do find a Will how much would contesting it cost?

    I haven't been able to sleep for 2 nights since I found out.

  • bhavu
    bhavu Posts: 8 Forumite
    Part of the Furniture First Post Combo Breaker
    Mum was widowed.

    Property was transferred to the sibling after Mum's passing.

    He has already got tenants into said property this weekend!
  • I am puzzled how he could do that without probate / letters of administration.
  • bhavu said:
    Hi all, thanks for your replies.
    I say court as I think that's next step?

    I have checked the probate website daily but nothing coming up.

    If National Will register is not complete then where would I find a Will?

    If I do find a Will how much would contesting it cost?

    I haven't been able to sleep for 2 nights since I found out.

    A will could have been with a local solicitor - or just in a drawer. Nobody is required to registered it with the National Will Register. It would be surprising if someone who owned many rental properties didn't have a will. Dealing with solicitors all the time in relation to property transactions - they would have likely been reminded often about the need to write one. Not least because solicitors want to sell their will writing services.
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