Uncle left no will

[Pezza54]

Having worked the gov.uk online checker who inherits when there is no will, my first sentence in post 6 incorrect.
As your mother passed before your uncle, her share of her brother's net estate will be inherited by her children in equal shares

[Bomber99]

Thank you PEZZA54 for the clarification.

Is it possible for my aunt as administrator not to release my mother’s half of the estate to her four children. Is it set in law that my mother’s half of my uncles estate comes to her children.

We have been informed that my aunts children are unhappy that they are not to get anything from the estate as we are.

[PallasAthena]

When someone dies without a Will the Administrator MUST follow the rules set out in intestacy law. Not without the agreement of all beneficiaries anyway.

If intestacy law says your aunt's children aren't entitled to anything then that's just what the law says. Of course once your aunt has her share she can give it to her children if she wants to as long as what she gives them only comes out of her share.

[Pezza54]

In post 13 you stated your aunt is the administrator.
You should check the probate registry again to see if she has been officially appointed
One of the administrator's duties is to let beneficiaries know asap that they are a beneficiary and will be inheriting

Your aunt told your brother to only make contact through her solicitor.
You should write to the solicitor making them aware that you have researched the rules of intestacy and believe you are due to inherit a share of your uncle's estate as your mother predeceased your uncle

If your administrator aunt refuses to follow the rules of intestacy you may need your own solicitor to write a warning letter that if necessary they are prepared to commence court action to remove your aunt as administrator under Section 50 of the Administration of Justice Act 1965

[Bomber99]

Hi all hope you are all keeping well.

just a couple more questions.

Before an estates house is emptied would the administrator need to do an inventory of all items in the house or would it only have to include anything of value.

Would the administrator need to inform beneficiaries before a house clearance company was contracted to clear the property.

Can beneficiaries dispute the price items, such as motorbikes, paintings etc were sold for.

[Pezza54]

An inventory of only items of value. Attempting to list everything would be pointless and take up too much of the executor's time

It is advisable for the executor to contact main beneficiaries to see if they want any furniture etc before it is disposed of. When I acted as executor and tried to arrange house clearance with a company expecting to negotiate a payment to the estate, I was told " about 2 skips, cost you £500" Needless to say I didn't agree to that

Yes main beneficiaries may query estate assets in the account that appear to have been sold too cheap

[Bomber99]

Thank you PEZZA54 for the quick response
Very helpful

[PallasAthena]

Although beneficiaries can challenge the sale price of assets if the adminstrator sold them in genuine arms length transactions (eg didn't sell deliberately at under-value to a friend or family member of the administrator) you need to be clear what you are trying to achieve by challenging the sale price and what evidence you are going to produce to show the administrator has acted unreasonably.

The administrator is required to act reasonably and secure fair market value but what that means in practice will depend partly on what the assets are worth. What is reasonable needs to take into account the value of the assets. A painting 'worth' £500 might reasonably be treated differently to one 'worth' £5 million.

[Bomber99]

The administrator cleared the estate’s property out before probate was granted. Never sought agreement from any beneficiaries to empty house. Estates value is above IHT threshold.
Are there any consequences for the administrator of the estate.

[PallasAthena]

Adminstrators/Executors don't need Probate to clear the deceased's house nor do they need permission of beneficiaries.

Unless there was a Will leaving specific items all the adminsitrator is required to do is act reasonably to get a fair market value for personal and household property for the benefit of the estate (and therefore for the beneficiaries). It's courtesy, and usual practice in my experience to ask beneficiries is there is anything they lwould like before the house is cleared but not a legal requirement.

[Bomber99]

Hi PALLASATHENA
Thank you for your response.

I was led to believe if the estates value is above the IHT threshold you should employ a professional valuator before disposing of any assets.
This was not done when the house was emptied. None of the proceeds from the sale of goods taken from the home were paid into the estates account.
When the administrator was appointed some 2months after the house was emptied was a professional valuator employed. By then the only asset left were the house, bank accounts, and several motorcycles. All of which need more scrutiny before you can deal with them.
The administrator and her family were the ones to empty the house before she became the appointed administrator.

[PallasAthena]

No requirement for a professional valuer although may be advisable for valuables. But if the contents are actually sold then a valuation would be pointless as the sale price is the probate values long as it was an arms length open market sale.

As mentioned earlier the degree of due diligence needed on getting the best open market price depends what the assets are. Jewellery, valuables, artworks, antique may have significant value. Most personal property is virtually unsaleable and has to be cleared.

[Bomber99]

Hi all

It’s now come to light before my aunt became the administrator of the estate, she and her 2 daughters cleared the property out.
When we questioned her through her legal representative why she thought she had a right to do this her response was, the property was in such a mess that nothing inside the property could be saved. My aunt and her daughters therefore decided to dump everything that was within the property without consulting any of the beneficiaries.
I’ve asked for evidence ie, photographs of the damage to the contents, any other witnesses who inspected the property before the contents were disposed of, but nothing has been forthcoming.

So The obvious questions I would like to ask, were my aunt and her daughters Legally allowed to empty the property before anyone was installed as the administrator of the estate and if not what action can be taken.

[Bomber99]

Anyone got any thoughts on this plz

[PallasAthena]

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