Do I have a claim

[Lucyluke]

Hello my nan passed away in march this year,she didn't leave a will as it was an unexpected death so we are now in probate however I'm confused do I have a claim as her oldest grandchild, as my mum who was my nans eldest child is also deceased it just leaves me and my uncle (my nans son) however he has served a sentence in prison for hurting my nan and my nan also has had restraining orders on my uncle before. They weren't talking at time of death and things were rather bitter between then my uncle is a heavy drug user and a drinker. I have been receiving abrupt phone calls from my uncle regarding my claim to my nans estate and basically he is going to burn her house before I get it. This made me think as to wether I have a claim at all anyway.

[wales01man]

Re: Do I have a claim

without a will it goes to the son

[Lucyluke]

Re: Do I have a claim

Even though there was an injunction on him and he assaulted my nan is there nothing I or the other grandchildren can do

[wales01man]

Re: Do I have a claim

I am no expert but I don't think theres much you can do

[Lucyluke]

Re: Do I have a claim

Oh ok well thank you for your help.

[wales01man]

Re: Do I have a claim

If you want to find out more search probate online will get all the info you need

[Lucyluke]

Re: Do I have a claim

I have done this but all so confusing half the time it tells me I am entitled the other half says its 50/50 between me and my uncle.

[MissFM]

Re: Do I have a claim

Hello my nan passed away in march this year,she didn't leave a will as it was an unexpected death so we are now in probate however I'm confused do I have a claim as her oldest grandchild, as my mum who was my nans eldest child is also deceased it just leaves me and my uncle (my nans son) however he has served a sentence in prison for hurting my nan and my nan also has had restraining orders on my uncle before. They weren't talking at time of death and things were rather bitter between then my uncle is a heavy drug user and a drinker. I have been receiving abrupt phone calls from my uncle regarding my claim to my nans estate and basically he is going to burn her house before I get it. This made me think as to wether I have a claim at all anyway.

Hi Lucyluke

I'm sorry you have lost your Nan and for the unpleasantness with your Uncle.

The below is from the government website on the law on inheritance, which says that you have equal shares. In the absence of a Will, your Uncle's behaviour is irrelevant to his right to inherit.

In your shoes I would tell the police of his threats, though, and seek qualified legal help.

The estate is shared equally between the children or their descendants.


If a son or daughter has already died, their children (the grandchildren of the deceased) inherit in their parent’s place.
Next steps

Read the guide to wills, probate and inheritance https://www.gov.uk/inherits-someone-...ng-children-ew

Good luck.

[wales01man]

Re: Do I have a claim

My apologies I was wrong SORRY

[calamity jane]

Re: Do I have a claim

According to The Gov website you and any brothers/sisters should be entitled to what would have been your mothers share of the inheritance.

https://www.gov.uk/inherits-someone-dies-without-will


CJ


Oops just seen MissFM'S post (note to self must learn to type quicker)

[MissFM]

Re: Do I have a claim

My understanding is that the estate would be shared equally between the children of the deceased or their descendents - so if there were 2 children it would be 50/50. However, if only one child survives then that child inherits 50% and the other 50% is shared equally between the children of the deceased child. If that makes any sense.

It's not unknown for me to be wrong too though, Wales!:tinysmile_twink_t2:

In this case it does seem that the OP needs protection qv robust professional representation.

[MissFM]

Re: Do I have a claim

Sorry - crossed with Calamity Jane

[Inca]

Re: Do I have a claim

If there is only Uncle and your late Mum then the estate will be divided between him and your Mums children (known as 'residuary beneficiaries) equally.
Unfortunately,,as your Nan didn't leave a Will anything he did to her won't count,,it's morally wrong but not lawfully wrong as far as the estate is concerned.

You really need professional advice...nothing brings out the worst in people than death/Wills/estates. (I have the grey hair to prove it)

[MissFM]

Re: Do I have a claim

your Uncle's behaviour is irrelevant to his right to inherit.

Actually, I think one thing that would preclude your Uncle from inheriting his share would be if he had committed a crime - eg murder or some form of extortion - directly in order to inherit. I don't think people are allowed to benefit directly from the proceeds of their crimes. Not that I'm suggesting this applies here.

[IanM]

Re: Do I have a claim

Hello my nan passed away in march this year,she didn't leave a will as it was an unexpected death so we are now in probate however I'm confused do I have a claim as her oldest grandchild, as my mum who was my nans eldest child is also deceased it just leaves me and my uncle (my nans son) however he has served a sentence in prison for hurting my nan and my nan also has had restraining orders on my uncle before. They weren't talking at time of death and things were rather bitter between then my uncle is a heavy drug user and a drinker. I have been receiving abrupt phone calls from my uncle regarding my claim to my nans estate and basically he is going to burn her house before I get it. This made me think as to wether I have a claim at all anyway.

I would be inclined to believe that you do have a claim against the estate and he knows this full well which is why he made the threats.

Find a solicitor that provides an free initial appointment, they will advise you whether it is worth pursuing or not.