Intestacy law

[joolz67]

Hi,

Is there anybody here who knows about the law with regards to the deceased without a will?

Regards

Joolz

[des8]

Re: Intestacy law

Could you post up more about the circumstances.
Here's a basic guide: https://www.gov.uk/inherits-someone-dies-without-will

[joolz67]

Re: Intestacy law

Hi Des8

In a nutshell.....

My mother passed away in 2009. She didn't leave a will, she just told me where all the "paperwork" was (bank, house stuff etc), my sister took it upon herself to become the executor of the estate, I was not named as beneficary, subsequently my sister cashed in and buggered of to Sydney. I had solicitors involved etc (got too expensive), to no avail.

I think I'm buggered, just reaching out for some hope.....:tinysmile_cry_t:

Joolz

[des8]

Re: Intestacy law

Sorry to hear of your loss, and subsequent treatment by your sister.
As there was no will, no one would have been named as a beneficiary.
The intestacy laws set out the manner in which the estate has to be divided.
Your sister has apparently flouted those rules, and so you could sue her in the county court for your share.
However as she lives in Australia there will be problems enforcing any award.
Does she have property in the UK?
Is she likely to return to the uk?

Any judgement can be registered under Foreign Judgments (Reciprocal Enforcement) Act.

Sorry , family now arrived and I have to go.
Will return later (tonight perhaps?)

[des8]

Re: Intestacy law

Family gone..... dissertation continues.

I was going to say there are several reciprocal arrangements between UK and Australia which allow UK court judgements to be served in Australia.
However it would seem that your problem will be that having secured a CCJ in England, (which will be by default as your sister won't be here to defend it) when you try to enforce it in Australia it could be set aside on the basis she had no chance to defend as she was in Australia.

That is why (if she has no property in UK and won't be returning) you are effectively (to use your terminology) b******d

[joolz67]

Re: Intestacy law

..........Just as I thought.
Wouldn't know if she had any property.
Last time I spoke to her about the estate she hurled abuse at me, so left her to it.
So theoretically, unless I lived in Oz and did all court proceedings there??
How would I find in uk what the estate was worth? She made excuses that she lost the usb with all the info on when my solicitor was liaising with her.
She isn't likely to return to uk, unless on busi ess. The company she works for in oz is the one she worked for here in the uk before leaving.
Thanks for your help

[des8]

Re: Intestacy law

You can do an online search to see if a grant of representation was made.
From this you may get a sense of the value of the estate.

Quote "So theoretically, unless I lived in Oz and did all court proceedings there?"
Err, don't think so. Country of jurisdiction would be England.
You obtain CCJ in England and try and enforce in Australia.
If sister defends a court order to pay in Australia on basis she wasn't able to defend herself in England the court will agree with her and not enforce order
You couldn't sue her in Australia as country of jurisdiction is England

At least that is how I understand it, and your solicitor was getting nowhere.

[joolz67]

Re: Intestacy law

Hi Des,

A grant of representation wasn't made, my solicitor checked all this out.

How would I find out if she has property here?


I had an investigator find out where her last known address was but this property was sold before she left. He said he could find out were the 'money trail' (very p.i.) lead and give me an address in Oz but I didn't see how this was gonna help me, but put me out of pocket further. :tinysmile_cry_t:

Thanks for your help. I saddens me that all the jewellery I bought my mother has gone. My sister promised my Aunty a family heirloom that belonged to my grandmother was never given. The only keepsake I have are all the photos, which have brought back lovely memories.

Joolz

[des8]

Re: Intestacy law

I'm saddened to hear your story.
I'm afraid it is not at all uncommon, but all I can advise is you concentrate on your memories and the rest of your family.
Don't dwell on what has happened, because all that will do is to turn to bitterness and sour your life.
Best wishes.