Why would I be contacted?

[Gnoble17]

I'll know in a few days but I'm 38 years old, my father was an alcoholic and chose not to have a relationship with me. I saw, my grandmother (his mother) every weekend until I was about 10, he and my grandfather were at the pub whilst I visited. He lived with them but chose not to see me when I visited.

He died in March, we live a smallish town so I found out through friends of friends. As far as I am aware he wasn't married but had a partner of 20 years. I assumed he had left a Will as he knew he was dying of cancer (I knew none of this, found out via his eulogy which I read I the newspaper).

Out of the blue I was contacted by Caesura, who were looking for me via my Aunt.

What possibly reason could they be trying to track me down? I can't see it been an inheritance, so what other reason? Could they be looking for me to hope I don't contest the Will?

All I have ever had from this man was birthday and Christmas cards (which were written by my nan).

Im just waiting for the last kick in the teeth from beyond the grave.

Thanks for any replies.

[des8]

Perhaps your father did die intestate, in which case the heir hunters could be searching for relations.
Do you know for certain that your father left a will?

[Gnoble17]

des8 I don't know anything at all, just that he died.

It seems odd that if you know you are going to die (lasted 9 months with throat cancer) that you wouldn't make provisions for your partner. Or at least the partner you would be leaving behind would make sure you left a will? Right?

Honestly, I just though it was all over, being contacted as an "estranged daughter" was awful. To me that describes a relationship that went sour. He literally made the choice never to have a relationship with me.

[atticus]

Have you asked these people why they are trying to contact you?

[PallasAthena]

First thing I would do is go to the government Wills page and see if anything is listed for him. If it is you can download a copy (fee £1-50). Search probate records for documents and wills (England and Wales) (probatesearch.service.gov.uk)

Wills only go onto that site after Probate has been granted so if it isn't there it could mean one of two things. There is a Will but Probate hasn't been granted yet, or he died without leaving a Will (died Intestate).

Either way you could be entitled to inherit something. Caesura specialise in tracing missing beneficiaries so may well have been hired by the Executors /Administrators of your late father's estate to find you so that you can be paid what is owing to you. I have no knowledge of Caesura beyond what is on their website but I think it highly unlikely they would have been hired to persuade you not to contest the Will (if there is one).

If he died intestate, no valid Will, then under the legal rules of intestacy his children - you and your siblings (if you have siblings) - might inherit the entire estate, so definitely worth you contacting Caesura as soon as possible. Under the rules of intestacy if your father never married or entered a formal Civil Partnership with his partner she is not entitled to inherit anything, although if they jointly owned their house that might pass to the partner.

You may feel it unlikely that someone in his state of health would fail to make a Will but sadly experience suggests that very often they don't.

Please come back and update us once you have more information.

[atticus]

Could they be looking for me to hope I don't contest the Will?

This is unlikely. I would never ask someone straight out to confirm that they will not take action such as contesting a will. Why would I want to plant the idea of doing that? Wouldn't most people begin to wonder why I have asked that, what I am worried about, what they might be missing ... ?

[Gnoble17]

He didn't leave a will. My aunt has contacted and said I have to apply for a letter of administration?

She also says it's a complex matter as my dad had a partner of 20 years who will need to be involved.

She says I can either instruct a solicitor on my own, with her as a co administrator or she will do it alone.

What would you suggest? I have no knowledge at all of any of this.

He definitely had a house in his own name, that's all I know. The letter says not to worry about costs as the estate will take care of it.

[Pezza54]

It sounds as if your father wasn't married or in a civil partnership with his partner. Your aunt would like you and herself to apply to Probate for letters of administration, to act as administrators of his estate
Your father may have provided for his partner by putting assets in joint names.
Do you have any siblings?
If not, you may be the sole heir to his net estate under the rules of intestacy.
Did your father live in England?

You should speak to your aunt and make a decision who should apply for letters of administration

Letters of administration can be applied for online or by post

[Pezza54]

Use form PA1A to apply for letters of administration when the deceased did not leave a will

[Gnoble17]

Yes he lived in England. I don't have any siblings.

Honestly, I just want this done as simply as possible. But I also want to limit contact between myself and my aunt/my fathers partner (whom I have never met). They have had nothing to do with me for 38 years and wouldn't have made contact with if it wasn't for my dad dying.

[Pezza54]

Okay
My advice then is to appoint a solicitor as the main administrator
You stated that your father was the sole owner of the property. You should check he was still the sole owner by carrying out a search at the Land Registry using the property address.
Your aunt has said that his partner needs to be involved. It just seems strange that his partner may have to vacate the house so you can inherit his net estate. If they had split up before he died, why should your aunt say his partner should be involved?

[PallasAthena]

[EDIT: I posted this before seeing posts #10 and #11 above but having read them I agree that appointing a solicitor and you being sole Administrator is the best course]

Did you contact Caesura? What did they say?

Do you have any brothers or sisters? I'm assuming not.

If you have no siblings then you are what's called in probate law "the most entitled person". That's the person with the right to apply for Letters of Administration and be appointed Administrator of your late father's estate. Your aunt (is she your father's sister?) is not entitled to apply or be Administrator unless you decide you don't want the role. "Letters of Adminstration'/'Adminstrator' are the equivalent of 'Probate/Executor' when someone has died with no Will. They do much the same thing and have the same powers and responsibilities except they must distribute the estate in line with the intestacy rules.

Under the intestacy rules if you are your father's sole living child you could inherit his entire estate. That would include his house if he was sole owner of it. You can check who is registered as the legal owner, and whether there is a mortgage or loan secured on it, by going to the Land Registry and downloading a copy of the Title Register for his house (small fee). Search for land and property information - GOV.UK (www.gov.uk)

In what way does your aunt believe the estate will be complex? What does she mean by the partner "will need to be involved."? I will guess that she thinks that the partner, who will probably inherit nothing from the estate, may bring a claim against the estate to obtain financial support from it. She might try to get a court to assign the house to her if she has been living there 20 years and was financially dependent on your late father. This is what is known as an 'Inheritance Act' claim.

You can as your aunt suggests appoint a solicitor to act for you. You will still be the Administrator but will pay the solicitor from the estate, although initially you will have to pay the solicitor yourself and recover if from the estate once Letters of Administration are granted.

It will be helpful for you find out first roughly how much money there is in the estate excluding the house. You can easily find an estimate of the houise's value online.

The important thing you need to consider is whether you want your aunt involved in any formal way. How well do you get on with her? Will there likely be differences of opinion between you on support for the partner? Is she going to support your estranged late father if there are differences between you? Has she been estranged from you as well? She may just want to try and control you.

It may be easier for you to be the sole Administrator, appoint a solicitor, and get their independent advice rather than having possibly to battle with your aunt. But the decision is yours.

[Gnoble17]

This is the letter I received from my aunt.

She worked for a solicitor for years so although it's not formally from a solicitor I would imagine she has taken legal advice when writing it.

I have no relationship with her, she was not in my life. I have never met my dads partner either. I will instruct a solicitor but this is all alien to me.

I want to be fair but honestly I have no idea where to start with this, I simply don't know the people involved. It's all very difficult.