10 years later more probate

fluffymuffy

Bit of an odd one this.

My spouse's remaining parent died over 10 years ago. At the time spouse and their siblings were executors of the will. One of them tried to seize the assets and solicitors had to send a warning letter. Spouse and other siblings haven't spoken to rogue sibling since.

Roll forward 10+ years and everyone suddenly gets a letter from a major insurance company saying they have found a policy that no one knew about. Spouse has contacted the company and they are sending a 'pack' out. 

Will we need to get in touch with the rogue sibling? Will they need to sign something? There's no indication at this stage of how much money is involved, but it won't be much.

mebu60

If the 'everyone' who received the letter are the executors that presumably includes the estranged sibling. Did your spouse ask when he contacted the insurance company?

How was the sibling involved in the original estate disbursement? 

fluffymuffy

No, they didn't ask.

The sibling's involvement in the original disbursement amounted to moving into the house (despite having a house of their own) and then dictating that the siblings would be getting a share in the value, based on what they felt it was worth (a lot less than the going rate) and at some future date when they sell their house, unless they decide to rent it out. And in that case, never.

There was no solicitor as executor, but one was appointed to start the eviction process. Vacant possession was regained and the house sold.

RAS

So who was actually named on the grant of probate?

fluffymuffy

RAS said:

So who was actually named on the grant of probate?

All the siblings 

p00hsticks

Are you sure that the policy will form part of the estate ?
My understanding is that Life Insurance policies are usually taken out with specified named beneficiaries and I don't think would normally fall into the estate. 

fluffymuffy

p00hsticks said:

Are you sure that the policy will form part of the estate ?
My understanding is that Life Insurance policies are usually taken out with specified named beneficiaries and I don't think would normally fall into the estate. 

I don't know. 

Although my spouse recently took out life insurance and it didn't require a beneficiary to be named.

noitsnotme

Aviva by any chance?  We were contacted by them about a policy held by a relative who passed away 3 years ago.  The letter said life insurance but after contacting them it turned out to be a pension.  Their spouse had also subsequently passed away and I was that persons executor.  I sent them both death certificates, both probate certificates and explained I would distribute the funds in accordance to the recently passed spouses will.  They paid out within a few weeks, it was all very straight forward.

I’m not sure I was legally required to distribute it according to the will as it wouldn’t have been part of the estate but it seemed the fairest way to do it and they were obviously happy with the suggestion.

fluffymuffy

Yes, Aviva, and thanks for your reply. I hope that will happen in the same way.