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Probate

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  • Probate

    Hi looking for some advice my uncle passed away who was a bachelor he became very sick and never made a will my father his brother was next of kin but didnít want to be power of attorney so it was given to social services finance to look after while he was in a care home. We have been advised by the finance services that we will need to apply for probate. He has another brother which neither he or my father had any contact with for many many years. With my father being next of kin would the other 1 remaining brother be entitled to any inheritance. Any advice would be welcomed myself and my father where the only family that looked after him in his time of need and before he became very ill.
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  • #2
    https://www.gov.uk/inherits-someone-dies-without-will/

    Without any living spouse, children, grand-children or parents, the two brothers will inherit equally

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    • #3
      Even though they had no contact for over 40 years and my dad was his next of kin ?

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      • #4
        Even though they had no contact in over 40 years and my father is his next of kin

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        • #5
          Next of kin isn't a legal term I'm afraid, it's mainly used for contact info in hospitals/care homes etc to know who to inform of issues etc. The power of attorney held by social services ended on your uncles death.

          As there was no will then your uncles estate is subject to being distributed in accordance with intestacy rules regardless of what his (or anyone elses ) wishes might have been.

          Your father ( or the other brother ) will be needing to apply for letters of administration https://www.gov.uk/applying-for-probate
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