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Evening all,
We had a bereavement in 2018 and it took till Nov 2019 to finalise the estate. My Wife and I were executors and all beneficiaries were notified and submitted their bank details in short order and received their inheritance. I ended up chasing a sibling in January 2020 for the requested documentation to be completed and returned. they initially returned it by writing Without Prejudice over the heading... Statement of Declaration, we had asked if they were bankrupt to protect ourselves, having been estranged for 30+ years and knowing nothing of them and included the relevant part of the insolvency act to demonstrate why we were asking. The bank account they submitted was not in their name and i wrote back and pointed out that the account was in a different name to the beneficiary detailed in the Will and as we did not have any evidence the name had been legally changed we requested they submit an account in their name or provide proof their name had legally changed. we heard nothing more from them and after waiting till June 2020. The beneficiary then died unexpectedly. I was banned from the funeral and received physical harm threats if i tried to attend. Naturally being estranged for such a length of time i had no inclination too attend and so was not a big deal
four weeks ago, I received a recorded letter from the unmarried partner, stating they had taken legal advice and i must now send them the money or they would report the matter to the police as theft. they go on to explain that they are the legal next of kin and the money should now be sent to them
From research on the internet, taking care to only read information relating to UK law. my sibling died intestate and as such an unmarried partner is not entitled to inherit from their estate. nor able to act as administrator to their estate.
two days ago i recieved a small claims case and after reading the POC, it is full of inaccuracies. they describe themselves as next of kin although there is no valid Will and they were unmarried and state inaccurately when my mothers estate was finalised by almost a Year, stating they know the estate was finalised in January 2019 and not as it was in Dec 2019. They also state I have prevented the decedent while alive from obtaining their inheritance. When in fact it was them who did not reply to the request for information or supply a bank account to be paid into. They have also stated the decedent died two days before the funeral, when they actually died five weeks previously. They go on to state that I have abused the decedents son but give little other details. They have wrongly stated the amount of the decedents inheritance. I advised them that the amount was just over £500 but since they had removed items from my mothers house without permission that the executors were replacing said items as Items in Lieu of cash and so the amount was reduced too just under £400. it naturally is causing some distress.
As the estate is without a valid will and so I believe the rules of intestate should apply and taking into account the inaccuracies and lack of probate or anyone with authority too act. Is it likely to go far? or succeed ? Naturally I shall submit a full, defence in good time. Any advice would be greatly appreciated. All communications were sent by recorded delivery. I am contemplating to add an application for it to be struck out as the claimant as no legitimate claim nor neither do they have any legal rights to act as one
PLEASE help...... I work for the NHS in a covid treatment department and this amount of stress is having a negative effect upon me.
We had a bereavement in 2018 and it took till Nov 2019 to finalise the estate. My Wife and I were executors and all beneficiaries were notified and submitted their bank details in short order and received their inheritance. I ended up chasing a sibling in January 2020 for the requested documentation to be completed and returned. they initially returned it by writing Without Prejudice over the heading... Statement of Declaration, we had asked if they were bankrupt to protect ourselves, having been estranged for 30+ years and knowing nothing of them and included the relevant part of the insolvency act to demonstrate why we were asking. The bank account they submitted was not in their name and i wrote back and pointed out that the account was in a different name to the beneficiary detailed in the Will and as we did not have any evidence the name had been legally changed we requested they submit an account in their name or provide proof their name had legally changed. we heard nothing more from them and after waiting till June 2020. The beneficiary then died unexpectedly. I was banned from the funeral and received physical harm threats if i tried to attend. Naturally being estranged for such a length of time i had no inclination too attend and so was not a big deal
four weeks ago, I received a recorded letter from the unmarried partner, stating they had taken legal advice and i must now send them the money or they would report the matter to the police as theft. they go on to explain that they are the legal next of kin and the money should now be sent to them
From research on the internet, taking care to only read information relating to UK law. my sibling died intestate and as such an unmarried partner is not entitled to inherit from their estate. nor able to act as administrator to their estate.
two days ago i recieved a small claims case and after reading the POC, it is full of inaccuracies. they describe themselves as next of kin although there is no valid Will and they were unmarried and state inaccurately when my mothers estate was finalised by almost a Year, stating they know the estate was finalised in January 2019 and not as it was in Dec 2019. They also state I have prevented the decedent while alive from obtaining their inheritance. When in fact it was them who did not reply to the request for information or supply a bank account to be paid into. They have also stated the decedent died two days before the funeral, when they actually died five weeks previously. They go on to state that I have abused the decedents son but give little other details. They have wrongly stated the amount of the decedents inheritance. I advised them that the amount was just over £500 but since they had removed items from my mothers house without permission that the executors were replacing said items as Items in Lieu of cash and so the amount was reduced too just under £400. it naturally is causing some distress.
As the estate is without a valid will and so I believe the rules of intestate should apply and taking into account the inaccuracies and lack of probate or anyone with authority too act. Is it likely to go far? or succeed ? Naturally I shall submit a full, defence in good time. Any advice would be greatly appreciated. All communications were sent by recorded delivery. I am contemplating to add an application for it to be struck out as the claimant as no legitimate claim nor neither do they have any legal rights to act as one
PLEASE help...... I work for the NHS in a covid treatment department and this amount of stress is having a negative effect upon me.
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