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No Will - Advice needed

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  • No Will - Advice needed

    Hi, I'm looking for some advice, and hoping you may be able to help me.

    Whilst researching my family tree, I found out that my estranged half sister had died two years ago. There was a notice in the Gazette to contact the solicitors who were dealing with her estate as she had died intestate. So I did.

    I've since spoken with the solicitor and proven my identity to be told that I am entitled to my sisters estate. But, before I contacted them there was a cousin who was claiming the estate as he told the solicitor that he was the closest family member, even though he was aware of me.

    He has been granted probate, house is now in his name as a personal representative, although the solicitor holds cash in their account.

    Solicitor is advising me to make a deed of variation to share estate with the cousin. I've asked the solicitor some questions, but she's not coming back to me. So I'm unsure what to do next?

    Can I ask my cousin for the keys to the house? Do I have to apply to be an administrator? Who is now responsible for the house, etc.

    Sorry it's so long winded, and thank you for reading
    Tags: None

  • #2
    If the Cousin really was aware of you as the nearest relative, that would seem to be Fraud and I suggest that you speak with the Probate Court to advise them that a false claim was made to take advantage. A Deed of Variation is not what you should do and your Cousin could find that criminal proceedings could be taken. The Court may advise you to seek guidance from a solicitor but make if you do, sure that the solicitor is qualified and experienced in such matters.

    Comment


    • #3
      This solicitor has been engaged by the cousin as administrator. The OP should consider engaging his own lawyer.
      Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

      Guides and handbooks for Litigants in Person - :

      https://legalbeagles.info/forums/for...60#post1701560

      Comment

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