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Uncle's Estate and Probate Mess

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  • Uncle's Estate and Probate Mess

    I was brought up by my Grandfather and Grandmother and led to believe that my Mother was my sister, and her siblings also my brother and sister. I was born out of wedlock and my Mother went off married and had two other children - my half-brother and half-sister (as I realise now, not a niece and nephew (apologies if this is messy).

    When my grandparents died, their house was given to my Uncle who passed away Jauary 2023; with my Mother being the only surviving sibling, he had no family and died a batchelor.

    My Mother passed away this month, and it would seem that nothing was done to resolve my Uncle's estate; on his death my Mum took to her bed and sort of gave up. My Mum is survived by her husband, my half-brother and half-sister.

    The problem has arisen as obviously my Mum was going to sort out probate for my Uncle's estate; but now her husband needs to sort out Mum's estate.

    Surviving blood relatives of Paul are; myself, my half-brother, my-half sister, and two first cousins (from my Aunt's marriage).

    I am unclear as to who now would be considered as the person who needs to apply for probate on my Uncle's estate? and should this be sorted out prior to my Mothers estate.

    If anyone can give some advice I would incredibly grateful - if you need any further information I am happy to oblige.

    Thank you in advance.
    Tags: None

  • #2
    Is Paul your late uncle? I will assume that the answer is yes.

    Did he leave a will? if yes, his executors should apply for Probate.

    ​​​​​​If not, then on what you have said, any of your uncle's nieces and nephews have the right to apply for Letters of Administration of his estate.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      Originally posted by atticus View Post
      Is Paul your late uncle? I will assume that the answer is yes.

      Did he leave a will? if yes, his executors should apply for Probate.

      ​​​​​​If not, then on what you have said, any of your uncle's nieces and nephews have the right to apply for Letters of Administration of his estate.
      No, he did not leave a will; this helps. Thank you.

      Comment

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