Help with legal entitlement

[charley1304]

My Civil Partner died on the 15th December 2014. We had been separated for nearly two years prior to her death but had never Had the Partnership dissolved. We were still in contact until October 2014. I now live in Spain.
I was not informed of her death until the 30th December 2014.
She didn't leave a Will so I am legally her Next of Kin.
My problem is that a relative of hers arranged her funeral and by all accounts has closed any bank accounts etc. They have also sold all of her possessions. This was all done without my knowledge.
The estate will be quite small as she didn't own property.

My question is....what are my rights.
What information should her relatives give me regarding any accounts, insurances etc and did they have the right to sell her property?

[charley1304]

Halifax account closure on death

Can someone please tell me who has the legal rights to inform Halifax of a customer death and who legally is entitled to any monies in the customer account

[des8]

Re: Closure of account on death

Anyone can advise the bank of the death.
Depending on how credible the information is the bank will freeze the account.

The money should only be released to the executor or administrator of the estate

[Kati]

Re: Closure of account on death

According to CAB (http://www.adviceguide.org.uk/wales/...er_a_death.htm)

The death should be registered by one of the following (in order of priority):-

• a relative who was present at the death
• a relative present during the person's last illness
• a relative living in the district where the death took place
• anyone else present at the death
• an owner or occupier of the building where the death took place and who was aware of the death
• the person arranging the funeral (but not the funeral director).

Following this, they go on to say (http://www.adviceguide.org.uk/wales/...o_has_died.htm)

Everything owned by a person who has died is known as their estate. The estate may be made up of:

• money, both cash and money in a bank or building society account. This could include money paid out on a life insurance policy
• money owed to the person who has died
• shares
• property, for example, their home
• personal possessions, for example, their car or jewellery.

If the person who died owes money to other people, for example, on a credit card, for fuel, for rent or a mortgage, this comes out of the estate.
The estate of the person who has died is usually passed to surviving relatives and friends, either according to instructions in the will, or if the person dies without leaving a will, according to certain legal rules called the rules of intestacy.

If there is a will, the estate is dealt with through a 'named' executor who may have to apply for probate (http://www.adviceguide.org.uk/wales/...ed.htm#probate).

If there is no will (or the will does not name an executor) then this would have to be done by an appointed administrator who will have to apply for a 'letter of administration' (http://www.adviceguide.org.uk/wales/...administration)




EDIT: I have merged your threads to keep all the advice in one place
K xx

[des8]

Re: Help with legal entitlement

First thing to do is see if any one obtained a grant of representation
www.govhttps.uk/search-will-probate

The basic rule for inheritance if deceased dies intestate:The spouse or civil partner will inherit the entire estate if it’s worth:

• Less than £250,000 – if there are surviving children, grandchildren, etc, or
• Less than £450,000 – if there are surviving parents, brothers or sisters

Over these limits, the estate could be distributed between the spouse and the rest of the family.
Unmarried or divorced partners normally won’t inherit anything under the intestacy rules

	.

[charley1304]

Re: Closure of account on death

Anyone can advise the bank of the death.
Depending on how credible the information is the bank will freeze the account.

The money should only be released to the executor or administrator of the estate

Thanks for your reply.
As far as I know there are no documents filed for administration, my partners family have been dealing with this and refuse to give me any information. The estate will only be small but I want to know if the relatives have the right to deal with the banks etc without a letter of administration.

[charley1304]

Re: Closure of account on death

If there is no will (or the will does not name an executor) then this would have to be done by an appointed administrator who will have to apply for a 'letter of administration' (http://www.adviceguide.org.uk/wales/...administration)
K xx

Thanks for your reply.

[charley1304]

Re: Help with legal entitlement

First thing to do is see if any one obtained a grant of representation
www.govhttps.uk/search-will-probate

Unfortunately the link you have given isn't working

[des8]

Re: Help with legal entitlement

If the estate is small, ie under £5000, letters of administration aren't required.
Some banks however will not release funds without such authorisation.
If a person dies intestate there is a hierarchy of those who can apply for such letters starting with spouse/civil partner.
I would assume the same hierarchy would apply for those wishing to administer a small intestate estate.

And of course as her partner you inherit her estate

Now how you go about enforcing your right I'm not sure.
Solicitor's costs will soon mount up.
I suppose you could apply for a grant of administration yourself, but as you are resident in Spain this might be inconvenient

Possibly a single letter from a solicitor asserting your right as civil partner and therefore rightful heir for a full accounting of the estate might get a response., orthe solicitor could apply forletters of administration on your behalf.

[charley1304]

Re: Help with legal entitlement

Thanks.
I think a letter from a solicitor might be the way to go.
The family have already sold all of her belongings....for 100 pounds...someone got a bargain, so I need to find out if they were allowed to do thats as well.
The whole thing is a mess and without the family help it is making things worse....they won't even tell me how she died...they just said get a copy of the death certificate.

[wales01man]

Re: Help with legal entitlement

If as it seems you are facing a hostile family this could get nasty and costly

[MissFM]

Re: Help with legal entitlement

Hi Charley,

I'm so sorry for your loss and for this very harrowing set of circumstances.

Your partner's relations have acted unlawfully IMO, as has been outlined above. See here:

http://www.civilpartnerships.org.uk/...reIsNoWill.htm

The surviving married partner or civil partner of a person who has died without leaving a will inherits the whole estate if:-

• the person who has died has no other surviving relatives. This applies whatever the value of the estate; or
• the person who has died has surviving children and the estate is valued at less than £125,000; or
• the person who died has no children but does have other surviving relatives and the estate is valued at less than £200,000.

The surviving partner will inherit only some of the estate if the person died in circumstances other than those listed in the paragraph above. The amount s/he will inherit depends on the value of the estate and the relationship of the relatives who survive.


If the estate is valued at more than £125,000 and there are surviving issue (children, grandchildren or great-grandchildren) of the person who has died, the partner will inherit:-

• all the personal property and belongings of the person who has died; and
• the first £125,000 from the estate with interest from the date of death; and
• in England and Wales, a life interest in half of the remaining estate; or
• in N. Ireland, one-half of the remaining estate if there is one child. This is reduced to one-third of the remaining estate if there is more than one child. The number of children is irrelevant. The partner is entitled to this share of the estate absolutely. S/he does not have just a life interest as in England and Wales.

If your Civil Partnership was still in place and the estate was small as you imply, then you would have inherited the lot.

What they have done is effectively to steal this from you and to sell goods that don't belong to them.

Having said that, it's hard to see what you can do about it. If you don't want to just let it go, then it would be worth taking some legal advice as to your options. You could at least let them know the distress they have caused and maybe find out the circumstances of your partners death.

Good luck and I hope that you will find a satisfactory resolution.

[des8]

Re: Help with legal entitlement

Just noticed your report that the earlier link for probate search was not working.
Try this :https://probatesearch.service.gov.uk/#wills

[charley1304]

Re: Help with legal entitlement

I know that there were some insurance policies that were frozen but I don't know the companies that issued them. I know if I can get copies of bank statements the details will be on them so I have to get access to the accounts. The family I assume have discarded all relevant paperwork..
I think I will have to go via a solicitor so thank you for your advice it is much appreciated.

[charley1304]

Re: Help with legal entitlement

Yes that link worked and there is no record of a will or a grant of administration so I will contact a solicitor and get the ball rolling on that.
Thanks again for all of your advice it is much appreciated.