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Estranged relative / old inheritance

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  • Estranged relative / old inheritance

    Hello! I wonder whether anyone would be able to please help guide us through this complicated issue which has just come to light?

    An elderly relative (R) inherited property through intestacy decades ago, and inherited their parent's estate through being the only known offspring.

    It has since been discovered through family tree genealogy that there was in fact another child, born to the parents previously but somehow estranged, who R never knew about.

    R is now concerned that the estranged child (who would now be very elderly, if still alive) or their relatives, might appear out of nowhere and lay claim to a portion of the estate. Is this possible, after all this time has passed?

    R is elderly and still lives in the original property they inherited. The property deeds are still in their parents name, and the property has never been registered with Land Registry.

    R is now feeling paranoid that they may lose their home, and is also paranoid about not feeling they can sell the house or move, in fear of opening up this can of worms. Is there anything that R can do to protect themselves from losing their home, in case a claim is made?

    And if a claim isn't made before R passes away, what will R's beneficiaries need to consider to protect themselves, in terms of any inheritance that may be left to them by R?

    Thanks for your time.
    Tags: None

  • #2
    Personally, I think that such a claim is unlikely. Or is there more that we have yet to be told?
    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

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    • #3
      There's nothing more to the story, other than an old person now worrying that the house they've lived in all these years isn't fully theirs if there is a sibling out there somewhere.
      ​​​
      They also don't think they will ever be able to sell now, presuming that the estranged sibling will come to light during the conveyancing process and that they'll somehow be in trouble.

      And I haven't got a clue how they stand legally.

      Does R need to be trying to find / contact the sibling, now that they know about them? And if R ever does need to sell the house, how would that work? Does R need to notify R's solicitor, and if the house sells, retain half of the proceeds to give to the sibling?

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      • #4
        Does the newly discovered sibling know of R?

        What does R know of this person, who is clearly even older?
        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


        • #5
          After "decades" any claim is likely to be time barred under the Limitations Act 1980
          Subject to Section 21(1) and (2) of this Act
          (a) no action in respect of any claim to the personal estate of a deceased person or to any share or interest in any such estate shall be brought after the expiration of twelve years

          Comment


          • #6
            Apologies, I haven't worked out how to reply to individual posts.

            Hi Atticus, I don't believe the newly discovered sibling knows of Rs existence, but I can't say for certain.

            Hi PEZZA54, that's very interesting - thank you, I'll read up on this and will pass this on, perhaps this is the information we need to help them feel at ease, so that normal life, without worry, can resume.

            Comment


            • #7
              Woops, I'm not sure how to edit my last post, but R says they never knew of the existence of this sibling, and that they were never mentioned or in their house or life growing up.

              Comment

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