Cash inside intestate property not declared

Skypist

As part of intestate rules, no cash inside a property is part of the estate to be retained as chattels/personal possessions of the surviving spouse. I was informed by the deceased, several years ago, that a considerable sum of money was kept in their safe inside the property.

What can I do do ensure the safe is checked and the money declared by the surviving spouse residing in that property? Or are the other beneficiaries just at their moral mercy?

Flugelhorn

https://forums.moneysavingexpert.com/discussion/6666008/cash-inside-intestate-property-not-declared

if they are intestate then the deceased wishes have no legal standing - if they had been important then they should have written a will - likely that unless the estate is large, there will be no other beneficiaries than the surviving spouse

Keep_pedalling

The answer is not a lot. The spouse is the person who is likely to be administering the estate and will be the only person with access to anything in the house. You have zero proof that any cash was still being held in the safe after all these years and even if there is it would be difficult to prove that it was owned solely by the deceased and not a joint assets.

Are there actually any other beneficiaries? Assuming this is England or Wales then unless the deceased had surviving direct descendants AND left over £322k in sole assets then the spouse inherits everything.

Edit - just read the OPs other very confusing thread, some clarification required here. Was there or was there not a will?

Flugelhorn

agree @Keep_pedalling need more info, very confusing - either there was a will and it is probate or there wasn't and it is now intestacy

sheramber

Who has been appointed to deal with intestate estate?

Skypist

Sorry for the confusion all. Let me clarify.

The deceased's original Will became invalid because of a marriage very late in life. No Will was created post-marriage due to dementia setting in. So, it was intestate.

The estate's value is considerably larger than the 322K the surviving spouse is entitled to (so the remaining value of the property plus cash would be split between beneficiaries).

There are two beneficiaries: surviving spouse and myself.

It is correct I have zero proof of cash and no way of personally entering the property legally to check it. The only evidence I have is verbal from the deceased (my parent) years ago.

Flugelhorn

fair enough - my mother always said kept her cash under the mattress - there wasn't anything there in the end

Skypist

https://forums.moneysavingexpert.com/discussion/comment/81979837#Comment_81979837

That may well be the case but it would be nice to have a way of confirming. You at least got confirmation. In my case the amount stated was 50k…no miniscule amount.

Keep_pedalling

https://forums.moneysavingexpert.com/discussion/comment/81979846#Comment_81979846

Hopefully her new spouse persuaded her that keeping that amount in cash earning no income was madness and she invested it instead.

The fact that her husband has employed solicitors to handle the estate reduces the likeliness of any dodgy dealings with the assets.

tetrarch

https://forums.moneysavingexpert.com/discussion/comment/81979819#Comment_81979819

"The deceased's original Will became invalid because of a marriage very late in life." - In what way dis this will become invalid?

Regards

Tet

Emmia

https://forums.moneysavingexpert.com/discussion/comment/81979875#Comment_81979875

Wills made before marriage are automatically invalidated by marriage unless specifically made "in contemplation of marriage"

I presume the OP is the child of the deceased?