Intestacy and estranged beneficiaries?

[mary mcTigue]

My divorced father died recently leaving a modest sum of money in savings and his house. He died suddenly and left no will. Initially it was assumed that the house would going to a single favorite son and that any remaining cash would be shared out equally between the five siblings and his ex-wife.


We are two of those siblings who have been estranged from the family for over twenty years. Once we mentioned Intestacy rules and the changed potential consequences, one sibling dictated that they would be administering they estate and appointed a contested probate solicitor at the estates expense, in order to " protect their own interests from us and our interference" . We believe that it is wrong that some of our money will be used to fund this solicitor to act against us.


We (two estranged) siblings understand that in an intestacy, all those entitled to benefit from the estate may apply for a grant of letters of administration to carry out the administration. However how can we apply for a grant of letters of administration when my brother will not share details of dad’s assets, death certificate and bank balance details all of which are need to complete the application forms?


We are not being allowed to view the property or to make our own independent inventory of the contents. Neither will he assure us that any possessions have not already been removed from the home or confirm that personal possessions have already been distributed to other family members.


What rights do we (two) have as equal beneficiaries?
What advice can anyone offer on how best we can we proceed?

[Peridot]

Re: Intestacy and estranged beneficiaries?

Hi Mary,

How sad. A difficult situation. You are correct if there is no Will then the rules of intestacy should apply. Basically, if your father was legally divorced then his estate should be divided equally between his children.

Who is obtaining the Grant of Letters of Administration? They are the one responsible for valuing the estate, dealing with any tax, debts etc before eventually distributing the estate equally between the beneficiaries. It may be that your brother has instructed solicitors to be personal representatives for him as the Administrator, in order to deal with the estate, which would probably be a good thing in the circumstances. They will follow the intestacy rules and the estate should be dealt with appropriately ie divided between you all equally.

The Administrator (easiest to think of this as the executor as they have a similar role, one where there is no Will, the other where there is a Will). Where there is no Will the administrator can not technically do anything with the estate until they have the Grant. They would have to get valuations to complete the tax forms to deal with any IHT due, before a Grant will be given at the Probate Registry.

As a child of the deceased you don't automatically have the right to have the information you appear to want. The administrator is responsible for this. As a residuary beneficiary you are entitled to see estate accounts in due course which should set out the values and tax etc that has been paid before any distribution occurs.

Did your brother live at the property? If he did, or if he was being supported by your father in some way financially he may be able to make a claim for a larger share from the estate, under the Inheritance (Provision for Family & Dependants) Act 1975.

Unfortunately it can take some time to sort out the various aspects of an estate and ensure any tax is paid or debts dealt with. In a straightforward estate it would generally take at least 6 months as there are certain time limits that apply, for making claims and dealing with tax etc. If a claim were to be made against the estate then the person making the claim has to do so within 6 mths of the Grant being made. If solicitors are dealing and the estate has the possibility of being contentious then they may insist on waiting until the time limit has passed before distributing the estate.

I would establish who the administrator is and if they have solicitors acting on their behalf then maybe contact them to see what stage they are at? If it appears that your brother is making a claim against the estate then I would strongly advise that you prepare a timeline and note any relevant information on it for example if brother lived with dad when this happened etc and seek some legal advice yourself. You can often get a free half hour or reduced fee first appointment just to look generally at the matter and provide you with options if there are any, before you make a decision as to what to do.

Hopefully your brother as just instructed solicitors to deal with the administration of the estate and they will be getting on with that. Just be aware it can take time. If it is anything else then all the residuary beneficiaries (ie the children) should be contacted if there is a claim so you should get notice. Please get some face to face advice if a claim is being made.