Intestate Estate

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Lostgirl1234
Lostgirl1234 Posts: 6 Forumite
edited 9 January 2018 at 8:37PM in Deaths, funerals & probate
Hello, I was wondering if anyone could offer some advice? My aunt passed away leaving an intestate estate. She was never married or had any children and both grandparents also passed away many years ago. My father would ordinarily be NOK through intestacy succession, however he has been missing for over 10 years. Frequent professional traces have found nothing. I wondered if I will encounter issues applying for a Grant if Representation given I have no death certificate for my father, although do strongly believe he is no longer with us. We just want to be able settle my aunts affairs. Thanks in advance
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  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
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    Lostgirl1234 wrote: »
    Hello, I was wondering if anyone could offer some advice? My aunt passed away leaving an intestate estate. She was never married or had any children and both grandparents also passed away many years ago. My father would ordinarily be NOK through intestacy succession, however he has been missing for over 10 years. Frequent professional traces have found nothing. I wondered if I will encounter issues applying for a Grant if Representation given I have no death certificate for my father, although do strongly believe he is no longer with us. We just want to be able settle my aunts affairs. Thanks in advance
    The chain of inheritance stretches further than siblings. You cannot just assume that your father is dead. That would have to be determined by application toi the court that is time consuming and costly. Not a DIY job. If you apply for LOA you still can't distribute the estate unless you can establish those entitled under intestacy. Did your aunt have any other siblings?
  • Lostgirl1234
    Lostgirl1234 Posts: 6 Forumite
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    No, she didn’t have any other siblings, only my father and I’m an only child. I appreciate, I can’t assume my father has passed but there is literally no trace of him at al and there has been no contact over the past 10 years, which is extremely unlike him. I have looked at court proceedings in relation to Presumption of Death Orders, however as you state, they are very costly. I’ve instructed a significant number of traces by professional agencies but nothing is turning up at all. It’s quite a difficult situation. I was thinking, given the circumstances, about instructing a solicitor to support if the Probate Office were not in agreement with my application. I wasn’t sure if succession rules (to allow for grant of rep) can be challenged in certain circumstances?
  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
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    Lostgirl1234 wrote: »
    No, she didn’t have any other siblings, only my father and I’m an only child. I appreciate, I can’t assume my father has passed but there is literally no trace of him at al and there has been no contact over the past 10 years, which is extremely unlike him. I have looked at court proceedings in relation to Presumption of Death Orders, however as you state, they are very costly. I’ve instructed a significant number of traces by professional agencies but nothing is turning up at all. It’s quite a difficult situation. I was thinking, given the circumstances, about instructing a solicitor to support if the Probate Office were not in agreement with my application. I wasn’t sure if succession rules (to allow for grant of rep) can be challenged in certain circumstances?
    Since you are the only living blood relation then nobody is going to challenge it. What you do after the grant is up to you. Of course if your father does reappear then you would be liable.
  • Lostgirl1234
    Lostgirl1234 Posts: 6 Forumite
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    Thanks for your advice. I’ve never dealt with any probate issues before so am quite clueless about what needs to be done, albeit from what I have read, this case is probably not straightforward. It’s not been the greatest situation; losing my aunt and then revisiting my fathers disappearance at the same time. I think I’ll see what response I receive from the Probate Registry and decide from there
  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
    edited 10 January 2018 at 7:49AM
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    Lostgirl1234 wrote: »
    Thanks for your advice. I’ve never dealt with any probate issues before so am quite clueless about what needs to be done, albeit from what I have read, this case is probably not straightforward. It’s not been the greatest situation; losing my aunt and then revisiting my fathers disappearance at the same time. I think I’ll see what response I receive from the Probate Registry and decide from there
    It might be best not to tell them! They will expect you to go the legal route but on this occasion it does not seem sensible.
  • Tom99
    Tom99 Posts: 5,371 Forumite
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    [FONT=Verdana, sans-serif]You will however have to state on the probate form whether your father is alive or dead.[/FONT]
  • Lostgirl1234
    Lostgirl1234 Posts: 6 Forumite
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    I’ve written a lengthy letter explaining the situation. I’d rather keep myself right and not get into trouble. I’ll see what response I get and take it from there. Thank you for all the advice 👍
  • Keep_pedalling
    Keep_pedalling Posts: 16,641 Forumite
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    I think the first thing i would be doing is to see if i could find a record of his death.
  • nom_de_plume
    nom_de_plume Posts: 959 Forumite
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    It may be worth approaching a couple of specialist insurers in the field of missing beneficiaries. If nothing else you may pick up a few tips. https://www.angliaresearch.co.uk/for-solicitors/missing-beneficiary-indemnity-insurance/

    Have any of the searches looked at DVLA, HMRC, Passport Office and etc. records? I have no idea how an individual would go about getting access to information held on a 3rd party although the Police should presumably be able to do so.
  • eddyinfreehold
    eddyinfreehold Posts: 213 Forumite
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    If your father is registered with the Police as a missing person you could check back with them about all the usual id documents: passport, driving licence, benefits, national insurance number, death certificate etc. It would for them be a simple search if he is using his own name. If he is alive in this country it is very unlikely he is living on fresh air.

    It is also worth noting that the Salvation Army have a very good missing persons tracing service, both in the UK and overseas. Well worth asking them too:

    https://www.salvationarmy.org.uk/reuniting-families
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