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  • FIRST POST
    • dawnyp72
    • By dawnyp72 30th Sep 17, 1:19 PM
    • 32Posts
    • 11Thanks
    dawnyp72
    Sons grandfather passed away
    • #1
    • 30th Sep 17, 1:19 PM
    Sons grandfather passed away 30th Sep 17 at 1:19 PM
    We found out yesterday that my sons paternal grandfather had passed away 18 months ago. My sons dad passed away 3 years ago and was an only child. As far as I know the only other living relatives he has are newphews and nieces who he wasnít particularly close to, so unless he left a will stating otherwise, my sons stand to inherit.
    I discovered that the house he owned was sold at auction just over a week ago.
    How do I find out if he left a will or if it went to probate? and if it did would they have tried to find my sons?
    We only found out he had died when we went to his house and spoke to a neighbour. It wouldnít have been difficult to find my sons but nobody has contacted them.
Page 3
    • iammumtoone
    • By iammumtoone 23rd Oct 17, 5:52 PM
    • 5,637 Posts
    • 11,446 Thanks
    iammumtoone
    Out of interest how much effort should the sister have put in to find the OPs sons? or if there were any other relatives that should have inherited before her.

    It seems odd that a sister (who has a vested interested in there not being any other relatives) is allowed to administer the estate?

    I hope your sons get what they are entitled to OP, do you know the value of the estate? depending on value is it worth paying a solicitor for some help with this?
    • Yorkshireman99
    • By Yorkshireman99 23rd Oct 17, 8:11 PM
    • 4,332 Posts
    • 3,546 Thanks
    Yorkshireman99
    The OP should do nothing intil she hears baqck from the solicitor. No point in wasting money at this stage.
    • dawnyp72
    • By dawnyp72 7th Dec 17, 5:05 PM
    • 32 Posts
    • 11 Thanks
    dawnyp72
    Still not heard back from the solicitor! I have phoned, written to them and emailed them. Last heard from them 4 weekend ago when they said they hadnít dealt with my query yet and would write to me. Is it normal for them to take so long and what should I do next?
    • Ms Chocaholic
    • By Ms Chocaholic 7th Dec 17, 5:52 PM
    • 9,437 Posts
    • 57,786 Thanks
    Ms Chocaholic
    Are the solicitors local to you - could you pop down there, regularly if you need to.
    Thrifty Till 50 Then Spend Till The End

    You can please some of the people some of the time, all of the people some of the time, some of the people all of the time but you can never please all of the people all of the time
    • Margot123
    • By Margot123 7th Dec 17, 6:35 PM
    • 967 Posts
    • 984 Thanks
    Margot123
    Still not heard back from the solicitor! I have phoned, written to them and emailed them. Last heard from them 4 weekend ago when they said they hadnít dealt with my query yet and would write to me. Is it normal for them to take so long and what should I do next?
    Originally posted by dawnyp72
    If your solicitor has a local office, then pop in and ask the receptionist to provide an update for you. They should do this free of charge.
    If your solicitor emails, writes, or rings you, they may charge unless agreed otherwise. Depends on the retainer you have signed (if any).
    • dawnyp72
    • By dawnyp72 7th Dec 17, 9:23 PM
    • 32 Posts
    • 11 Thanks
    dawnyp72
    Thanks for replies. It!!!8217;s not !!!8216;my!!!8217; solicitor. It is the solicitor that is named on the probate records.
    • Ms Chocaholic
    • By Ms Chocaholic 2nd Jan 18, 6:57 PM
    • 9,437 Posts
    • 57,786 Thanks
    Ms Chocaholic
    Hi

    Just saw another post on this forum re grandparents and it reminded me of this thread and wondered how you were getting on. I hope you're progressing some way to get your children their rightful inheritance.
    Thrifty Till 50 Then Spend Till The End

    You can please some of the people some of the time, all of the people some of the time, some of the people all of the time but you can never please all of the people all of the time
    • kazzah
    • By kazzah 4th Jan 18, 11:44 PM
    • 413 Posts
    • 404 Thanks
    kazzah
    Thanks for replies. It!!!8217;s not !!!8216;my!!!8217; solicitor. It is the solicitor that is named on the probate records.
    Originally posted by dawnyp72
    I am possibly being overly cynical but I do wonder if the probate Solicitor is stalling because he now realises that he may have dropped the ball in not tracing benficiaries ?

    I would think that 4 weeks would be plenty of time to "get to the query" I can't imagine the solicitor would be doing the admin work - I am sure it would be a legal exec or probate clerk - if it were me I would be writing a formal letter to the solicitor and giving them a strict timeframe in which to reply and if they didn;t possibly consider contacting the Solicitors Regulatory Authority for the purpose of making a complaint.
    • Yorkshireman99
    • By Yorkshireman99 5th Jan 18, 12:23 AM
    • 4,332 Posts
    • 3,546 Thanks
    Yorkshireman99
    I am possibly being overly cynical but I do wonder if the probate Solicitor is stalling because he now realises that he may have dropped the ball in not tracing benficiaries ?

    I would think that 4 weeks would be plenty of time to "get to the query" I can't imagine the solicitor would be doing the admin work - I am sure it would be a legal exec or probate clerk - if it were me I would be writing a formal letter to the solicitor and giving them a strict timeframe in which to reply and if they didn;t possibly consider contacting the Solicitors Regulatory Authority for the purpose of making a complaint.
    Originally posted by kazzah
    Before contacting the SRA the firms own complaints procedure has to be exhausted first. That is what the complainent should do next.
    • lemonpopsicle
    • By lemonpopsicle 6th Jan 18, 10:39 PM
    • 650 Posts
    • 4,315 Thanks
    lemonpopsicle
    Is there an update OP?
    Life's little instructions- Treat everyone you meet like you want to be treated..Watch a sunrise at least once a year..Strive for excellence not perfection
    £2 SC no.70 £140/£350
    SPC no.73 SPC9 £248 SPC10 target £250
    DFBX12 No. 069 £7719 / £7719 DEBT FREE 30/11/12
    2013 mfw No.4 MORTGAGE FREE 5/8/13
    • dawnyp72
    • By dawnyp72 26th May 18, 12:27 PM
    • 32 Posts
    • 11 Thanks
    dawnyp72
    Hi all. I have finally received a letter from the solicitors saying that my sons are entitled to their grandfathers estate through their father ( who is also deceased ) They say they cannot release the money until they obtain a grant of representation for their father. Is this right and if so how does it work? My boysí father has no other living relatives apart from cousins.
    • Ms Chocaholic
    • By Ms Chocaholic 26th May 18, 12:35 PM
    • 9,437 Posts
    • 57,786 Thanks
    Ms Chocaholic
    It looks like Probate wasn't sought for your children's father and as their grandfather's will probably pre-dates his death and the grandfather left his estate to him, that's why this is needed.

    ETA: Had the grandfather's estate not been distributed? Who was selling the grandfather's property, do you know?
    Thrifty Till 50 Then Spend Till The End

    You can please some of the people some of the time, all of the people some of the time, some of the people all of the time but you can never please all of the people all of the time
    • lemonpopsicle
    • By lemonpopsicle 26th May 18, 12:35 PM
    • 650 Posts
    • 4,315 Thanks
    lemonpopsicle
    I think that's correct, I would ask the solicitors for guidance. That's excellent news x
    Life's little instructions- Treat everyone you meet like you want to be treated..Watch a sunrise at least once a year..Strive for excellence not perfection
    £2 SC no.70 £140/£350
    SPC no.73 SPC9 £248 SPC10 target £250
    DFBX12 No. 069 £7719 / £7719 DEBT FREE 30/11/12
    2013 mfw No.4 MORTGAGE FREE 5/8/13
    • dawnyp72
    • By dawnyp72 26th May 18, 12:52 PM
    • 32 Posts
    • 11 Thanks
    dawnyp72
    Thanks for your reply. Their father died before their grandfather so he wasnít alive to inherit. Grandfathers house was sold at auction for a pittance and money has been held by the solicitors until now.
    • dawnyp72
    • By dawnyp72 26th May 18, 12:53 PM
    • 32 Posts
    • 11 Thanks
    dawnyp72
    Grandfather didnít leave a will
    • Ms Chocaholic
    • By Ms Chocaholic 26th May 18, 12:59 PM
    • 9,437 Posts
    • 57,786 Thanks
    Ms Chocaholic
    Thank you for the additional information re grandfather. As he died without a will then the intestacy rules apply and that will be why they need to apply for Probate (GOR) for the children's father who would have inherited had he he not pre-deceased his father.

    As Probate was not obtained for the children's father, I assume he died with very little savings/investments etc.
    Thrifty Till 50 Then Spend Till The End

    You can please some of the people some of the time, all of the people some of the time, some of the people all of the time but you can never please all of the people all of the time
    • dawnyp72
    • By dawnyp72 26th May 18, 1:10 PM
    • 32 Posts
    • 11 Thanks
    dawnyp72
    The only thing their father had was some kind of pension with the prudential which my sons were named on along with his then partner. I don!!!8217;t think he had any other assets.
    • dawnyp72
    • By dawnyp72 26th May 18, 3:49 PM
    • 32 Posts
    • 11 Thanks
    dawnyp72
    The letter says ĎA grant of representation will need to be obtained in the estate of my boysí father. Either probate if there was a will ( I donít think there was) or letters of administration if there was no will. Because the beneficiaries are under 18, a minimum of two persons have to make the application for the grant of representation.
    What does this mean?
    What is a grant of representation and who can apply for it?
    • Robin9
    • By Robin9 26th May 18, 4:06 PM
    • 2,789 Posts
    • 1,838 Thanks
    Robin9
    The only thing their father had was some kind of pension with the prudential which my sons were named on along with his then partner. I don!!!8217;t think he had any other assets.
    Originally posted by dawnyp72
    This is worth following up but you will need a copy of the policy. There may be benefits for his children and also for his former partner (not the present one)
    Never pay on an estimated bill
    • dawnyp72
    • By dawnyp72 26th May 18, 4:44 PM
    • 32 Posts
    • 11 Thanks
    dawnyp72
    This was paid out shortly after his death to my sons and their fathers partner. I think it was called a death benefit and they were named on it. Not sure what you mean by former/present partner? She was his girlfriend when he passed away and had been for a few years.
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