Uncle left no will

[Bomber99]

Hi all looking for some advice
just been notified that my uncle past away in 2023
He didn’t leave a will. He owned a property and was financial sound.
He had two sisters, my mother being one and now deceased and my aunty being the other. I am not sure if my aunty is still alive as we lost contact many years ago.
As far as I am aware probate has been granted and a company called Moore probate research has written to me regarding the situation.
As I understand it, my mother’s share of my uncles estate will come to her children, 4 in total.
So am I correct in thinking mums share would be half of my uncles estate and the four children would then share this equally.?
who would of applied for probate. Would that have been my aunty or one of her children? or could a solicitor’s firm do the probate with out the knowledge of the existing family?
How could we find out the value of my uncles estate?
Obviously we are concerned he didn’t have a proper family funeral service and if he didn’t we would like to try and organise something to remember him by.

many thanks for any thoughts and responses on this matter.

[PallasAthena]

Go to this gov.uk site and see if your uncle is listed. If so you can download a copy of the Letters of Administration (Probate) for a small fee. That will tell you who has been appointed Administrator (Executor) of your Uncle's estate and its value.

https://www.gov.uk/search-will-probate

Did your mother die before or after your uncle?

[Bomber99]

Hi pallasathena
thank you for the link.
My mother passed away several years before my uncle

[PallasAthena]

I don't know Moore Probate Research but from their website they seem to be a legitimate company employed by solicitors to trace missing beneficiaries. If I were you I would contact them and they will put you in touch with the Administrator of your uncle's estate. I imagine they will need to confirm your identity, that you are the nephew of the deceased.

https://mprmissingheirs.co.uk/inform...for-the-public

[Bomber99]

Good morning pallasathena

I went on to the probate site and paid for a copy of probate, it now says pending documents.
Would this infer they are waiting on documents from a court or solicitors IYO.

many thanks for your help, much appreciated.

[Pezza54]

If your aunt is still alive the whole of your uncle's net estate will go to her
If your aunt is deceased, you are correct, under the rules of intestacy in England and Wales, you should inherit one eighth share of the net estate.
From what I have read, "documents pending" at the probate registry only means that public documents are not available
Any beneficiary under the rules of intestacy can apply to probate for the grant of letters of administration. If you aunt has died you are next in line to apply if you so wish.
If you haven't done so already, you should reply to Moores

[PallasAthena]

I'm afraid I don't know what "pending documents" means, I haven't come across it before. However something must have been submitted to the Probate office by someone or he wouldn't be listed on that site at all.

[Bomber99]

Hi PALLASATHENA
I have now got the letter of administration.

It states the gross value of the estate amounts to £***** and the net value amounts to £*******
Would these figures be before or after inheritance tax
The estate is worth over half a million

pezza54
thank you for your response.
My mother was a sister to my uncle and I’ve been informed my aunt gets half the estate and because my mum has past-away her children get a share of her half of the estate.

[PallasAthena]

It states the gross value of the estate amounts to £***** and the net value amounts to £*******
Would these figures be before or after inheritance tax

If only there were a simple answer to that!

Have a look at this explanation from this firm of solicitors

Do I need to value an estate when someone dies? (tollers.co.uk)


Bear in mind that as far you receiving your inheritance is concerned if a large part of the estate is his house you will not receive anything until the house has been sold and the Administrator is in possession of the cash from the sale.

[Pezza54]

The net value of an estate is the gross value less debts and liabilities such as mortgages, credit card debts, funeral expenses
Net qualifying value of the estate (for IHT purposes) is the net value after deducting any exemptions such as charity donations

So the figures are before the deduction of any IHT

[Bomber99]

Just a couple more questions please.
Any answers would be much appreciated.
Do the administrator/solicitors have to inform beneficiaries that they are a beneficiary in an estate?
Is there a time frame once their whereabouts are known to inform them?
Is there a time frame for a beneficiary to dispute the valuation of the estate.?
Can a beneficiary ask to look at the accounts for the estate?
Who would they contact regarding the accounts, the Administrator of the estate or the solicitors representing Administrator

[Pezza54]

Although there is no legal time limit it is good practice for the executor/administrator to inform beneficiaries of their inheritance as soon as possible
Beneficiaries of the residual of an estate are entitled to see estate accounts. Clearly these accounts will not be available until accounts are finalised. This includes the sale of the property. You could keep an eye on Rightmove to see if the property is advertised and eventually sold
If you know the Administrator's name, you should write to them in first instance and query who you should correspond with in the future.

[Bomber99]

Hi all

one of my brothers tried to contact our aunt who is the administrator for the estate. He was quite shocked when he had a response from the solicitor who is representing her whilst dealing with the estate, they stated that my aunt did not want to deal with my brother or his siblings and any communications should go through them. I have never known my aunt to behave in this way but unfortunately money gets the better of most people at some point in their lives. It has been made known to us my aunt feels all my uncles estate should go to her as the only surviving sister as my mother has passed away. I think she struggles with the law that my mother still gets half the estate but that half is shared between her 4 surviving children.
Anyway after a couple of emails between the solicitor and my brother the solicitor dropped in the next email that these emails/correspondences are being charged to the estate and any further correspondence should also be charged.

Can the solicitor just charged for the correspondence prior to him informing my brother there would be a charge, and if so should he of given a cost before engaging in dialogue.

As the solicitor stipulated under no circumstances should you try to contact your aunt, should any of the siblings be breaking any laws by doing so.

I believe the solicitor told my brother he was on a retainer, but not quite sure what that means.

[PallasAthena]

An executor is entitled to appoint a solicitor to act for them in administering the estate. This often happens. The cost is paid from the estate. It is also normal for solicitors to charge on a time spent basis so then answering emails would be charged each time.

The solicitor is not obliged to explain that to you because you are not his client. Your aunt is.

You wouldn't be breaking any laws by contacting your aunt direct again but there is no point in you doing that as she has made clear she will just pass your correspondence to the solicitor.

[Bomber99]

Hi all
confused how the estate is shared out.

some say my aunt will inherit the whole estate as the only surviving sibling, as my mother the other sibling of my uncle has died.

Others say my aunt will inherit half of the estate with my mothers children, 4 in total, will inherit her half share of the estate.
Which statement is correct.
Thanks so far for all your help, it’s much appreciated.