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What if There is No Will?

By: Abigail Taylor - Updated: 19 Jun 2018 | comments*Discuss
 
Will No Will Intestacy Probate

When someone dies, those left have to deal with the issue of what to do with their property and belongings. If there is no Will (i.e the estate is intestate), there is legislation that helps with the process of dividing any assets.

Here are the basic steps to follow:

  1. Check that there is definitely no Will to be found
  2. Apply for a Grant of Representation (often called "probate")
  3. Pay any inheritance tax due
  4. Collect together any assets
  5. Pay any debts owed by the deceased
  6. Distribute the estate

How to Find Out if There is a Will?

It can be difficult to establish after their death if someone made a Will. It is therefore recommended that if you have made a Will, you tell your family that you have made one, and where it is held.

If you don't know the location of a deceased's Will, it is important to carry out a thorough search. Below are some ideas of where to look:

  • Check through the deceased's documents - most people have a file of important documents (birth certificates / insurance etc) somewhere, so it may be with those
  • Check in the deceased's safe
  • If they had a lawyer that they used for other matters (e.g divorce or property sale) check if they hold a Will for the deceased
  • Try calling local solicitor's to see if they hold a copy Will for the deceased

Note: Sometimes people make more than one Will, as they update or change how they wish their assets to be divided. If you find more than one Will, make sure that you use the most recently dated version, as older versions will no longer be valid.

Intestacy Laws

If there is no Will, then the distribution of the estate will be governed (in England and Wales) by the Administration of Estate Act 1925. These are commonly known as the laws of intestacy, someone who dies without a Will is legally called 'intestate'.

Obtaining probate

Regardless of whether there is a Will or not, you will need to apply for a Grant of Representation (commonly called 'probate'). If there is no Will, the deceased's next of kin can apply for probate (for example their spouse, civil partner, or child). It is possible to apply for probate as the spouse or civil partner of the deceased, even if you are separated, as long as you are not divorced.

Note: Unmarried partners cannot automatically apply for probate, (nor will they inherit your assets under the law of intestacy), so if you have a long-term partner but are not married, it is especially important that you make a will.

If all assets were jointly held, technically you do not require probate to distribute them. However many organisations such as banks will still ask for a copy, so it may be worth doing anyway!

See our guide here for more information on Probate

Applying for probate

Here's how to apply:
  1. Complete a probate application form (PA1). If you need help completing the form, call HMRC on 0300 123 1072
  2. Complete an inheritance tax form. (You must complete this form, even if you think no tax is owed.)
  3. Send both forms along with the death certificate, the original will and three copies (if a will exists), and a £125 application fee. (There is no fee is the total estate is worth under £5,000)
  4. Swear an oath at the office of a Commissioner for Oaths (eg a solicitor's office), or the local probate office
You should get the probate certificate through in the post within 10 working days of swearing your oath.

How Stop Someone Getting Probate

You can stop someone getting probate by entering a caveat, as long as you are aged 18 or over. This caveat lasts 6 months to enable any dispute to be resolved. To enter a caveat, fill in form PA8 and send a £20 fee. (We recommend consulting a solicitor or your local Citizen's Advice Bureau if entering a caveat, as usually they precede a heated dispute between relatives.)

Find Out How an Estate Was Distributed

You can search probate records online for anyone who died after 1858. This should tell you who obtained probate to distribute the estate. There is a £10 fee per search. It takes around 14 days for the online record to update with details of new registrations.

Paying Inheritance Tax

You will have sent an Inheritance Tax Form to HMRC when obtaining probate, so they will let you know how much inheritance tax must be paid out of the deceased's assets. Just follow the instructions on the paperwork sent to you, and if you have any queries, contact HMRC who are usually very good at talking relatives through the process.

We have more information on inheritance tax here

Collect the Deceased's Assets

If you send the probate certificate to organisations holding the deceased's assets (e.g banks), they should release these to you. You may also need to sell the deceased's property in order to release funds; any fees involved in the sale can be deducted from the sale profits.

To speed up the asset release process, you may wish to obtain several copies of the probate certificate. These cost only around 50p per copy.

Paying off debts

Before distributing the estate, the executor has a duty to pay off any debts owed by the deceased. This includes any outstanding tax owed to HMRC. Also don't forget that if the deceased didn't have a funeral plan in place, you will need to deduct the funeral costs from the value of the estate; funeral costs can be several thousand pounds!

If you are the executor, place a notice in The Gazette to give any creditors a chance to come forwards before the estate is distributed. That will ensure that you hold no personal liability for any of the deceased's debts of which you may not have been aware.
See our article on Debts After Death for more information

Distribute the Estate

Jointly held assets:

  • Any money in a joint bank account will automatically pass to the other owner(s)
  • Any property owned under a "joint tenancy" (where all parties own the whole property jointly), will automatically pass to the surviving owner(s)
  • Any property owned under a "tenancy in common" (where each party owns a fixed share of the property), the deceased's share will pass according to their will or the law of intestacy

Assets not held jointly

If there is no will, you will need to distribute the estate in accordance with the law of intestacy:

Intestacy Law - Who Gets What If There's No Will?

If the estate is worth under £250,000, and the deceased has a spouse or civil partner, they will inherit the whole estate.

If the estate is worth over £250,000 the estate is divided as follows:

(1) Spouse or Civil Partner Still Alive

If the estate is worth over £250,000, and the deceased has a spouse or civil partner, they will inherit £250,000 value from the estate plus all personal possessions (regardless of value). The remainder of the estate (over £250,000 value) will then be split as 50% to the spouse or civil partner, and 50% divided between the surviving children. This includes adopted children but not step-children. If the children have died already, then their children will inherit in their place. If there are no children, the spouse or civil partner will inherit the whole estate.

(2) No Spouse or Civil Partner

If the deceased has no spouse or civil partner, the estate will be divided equally between their children. This includes adopted children but not step-children. If the children have died already, then their children will inherit in their place.

(3) No Spouse or Civil Partner and No Children/Grandchildren

If the deceased has no spouse or civil partner, and no children or grand-children, the estate will be divided equally between their parents. If the deceased has no living parents, the estate will be divided equally between their brothers and sisters (or their children if they have already died).

(4) No Spouse, Children, Parents or Siblings

If the deceased has no spouse/civil partner, no children/grandchildren, no parents and siblings, the estate will be divided equally between their half brothers and sisters. If there are no half siblings, the estate will be divided equally between their grandparents. If there are no living grandparents, the estate goes to aunts and uncles (half aunts and uncles if there are no full ones) or to their children (the deceased's cousins) if they have already died.

(5) None of the Above Relatives

If the deceased has no living: spouse; civil partner; children; grandchildren; parents; brothers or sisters; half brothers and sisters; grandparents; aunts and uncles or half aunts and uncles; nephew/nieces or cousins, the estate will all pass to the Crown.

Example Scenarios

Q] Joe has died with no will. He has a wife, a son and two step-daughters. His estate is worth £350,000. Who inherits?

A] Joe's wife would receive £250,000 of the estate, plus any personal possessions (regardless of value). The remaining £100,000 of the estate would be divided equally between his wife and his son. Step-children are not recognised by the law of intestacy. His wife would therefore receive a total of £300,000 plus personal possessions, his son would receive £50,000 and his step-daughters would receive nothing.

Q] Beth has died without a will. She has no husband or civil partner, no children or grandchildren, and no parents or grandparents. Her only surviving family are the boyfriend she lives with, and her aunt who she hasn't spoken to since she was a child. Who inherits?

A] Her aunt would inherit the entire estate. The law of intestacy doesn't recognise unmarried partners. Her aunt is a recognised relative and so will inherit the estate, regardless of whether they are estranged.

As you can see from the above, it is extremely important to make a will if you have step-children or an unmarried partner that you would want to inherit from you. If you don't have a will, they won't get anything unless assets are jointly held!

Some of Your Questions Answered

"My wife's mother left her and her sister the house. The Will states that her unmarried partner is allowed to live in the house until he dies. Can they get him out as they would like to sell the house?"

The unmarried partner has been given a life tenancy in the property. That gives him the right to remain in the property until his death. He will be responsible for all insurance and maintenance costs. You can't legally throw him out, so your choices are either to sell the estate subject to a life tenant (not usually very desirable to a buyer), or speak to him about him forfeiting his life tenancy (likely by you "buying him out").

"My great aunt passed away hasn't left a Will, my mother is her niece. She left invested money of over £30,000, plus valuable items. Suddenly her nephew wants to take over and already taken jewellery, ornaments and has demanded that anything we took from the house for safe keeping be returned or he's phoning the police. We found out that when my aunt was alive his wife took her wedding/engagement rings...she was suffering from Alzheimer's. The nephew has walked away from the house (rented) leaving a neighbour to clear as it has to be empty in 2 weeks. What can we do to ensure nothing gets sold without our say, so that we can things of sentimental value in the family?"

Has the nephew applied for probate? If not, then it may be worth you doing so. If he does not have probate, then he is not entitled to divide up the estate.

In any event, the estate must be divided up according to the rules of intestacy. Follow through the steps above to see who would inherit - this will depend upon what other surviving relatives are in your family. If your great-aunt has no spouse / civil partner, no children / grandchildren / great-grandchildren, and no parents, then the estate should be divided up equally amongst their sisters and brothers. If they are no longer alive, their children (ie her nieces and nephews) will inherit in their place. If there was no will and the nephew (your uncle) is legitimately inheriting from the estate, I would expect that your mother should do so too.

"My dad was diagnosed with dementia 18 months ago. My sister who'd previously had no contact for years, obtained POA (knowing he's worth over 500.000). She put him in a nursing home and fixed up the house then moved in with her daughter. My sister and I are the only next of kin, he passed away 4 months ago with no Will. Should I have inherited any of his estate? What can I do at this stage?"

Firstly, I would question whether any Power of Attorney was valid. It seems strange that your father would agree for an estranged daughter to make all decisions (including financial decisions) on his behalf. If your father had already been diagnosed with dementia prior to signing the Power of Attorney, he may have lacked mental capacity making it invalid.

Secondly, if your father had no will, his estate would pass to his family in accordance with the laws of intestacy. Check whether your sister obtained probate. If not, she does not have authority to distribute the estate. If your father had no surviving spouse or civil partner, then the estate should have been divided equally between all his children. If there are just two children (you and your sister), then you should have received 50% of the value of the estate, including the property value. (This does not necessarily mean that your sister has to sell the property, but she should give you 50% of the value to essentially "buy out" your share.)

"Hi my father has died , with no will , we think. My eldest brother has dealt with everything he has divided all the money between us all , but it doesn't add up. My dad was mentally fine not confused and he told us what he had , is there anyway we can find out without asking my brother as I am sure there was quite a bit more money than he has said and my father had paid for his own funeral?"

Again, check whether your brother had obtained probate. If not, he had no authority to divide up the estate. If you don't want to ask him, you can search for probate records online, for a £10 fee.

If your brother did have probate, it will be difficult at this stage to determine the value of the estate (ie how much was in your dad's accounts), as they will now be £0 / closed. You may therefore have to ask your brother directly.

Remember that any debts, including outstanding tax and solicitor's fees will need to be paid out of the estate prior to distribution. Also inheritance tax may have been paid. These could all reduce the value of the remaining estate to be divided up.

Seeking advice

Dealing with the distribution of assets follow the death of a family member is always tricky, and can particularly bitter and emotional if a dispute arises. If you disagree with the way the estate has been distributed, speak to Citizens Advice Bureau for free advice and (though it may be difficult), try to approach the matter in a calm manner. Sometimes it can also be helpful to ask a trusted family friend or other relative to "mediate" any dispute to try to reduce any heated arguments and ensure a satisfactory resolution for everyone involved.

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[Add a Comment]
My sons dad died his wife has a house my sons dad had s house in there own right . Also they have a joint house . He had left no will what happensnext ? Also she has a daughter which was his stepdaughter how is everything divided ? Dose my son have a right to anything ?
Mates - 19-Jun-18 @ 5:18 PM
Rach - Your Question:
My mum has died from cancer, no will and leaves a mortgage behind of £250,000. She wasn't living in the house, was living on her business premises but paying mortgage on her own property each month. The house has been valued at around £225,000. Me and my brother (only us no other children) are happily dealing with everything together. My mum did not have a will. I have spoken to mortgage company who've said we will keep house for 12 months before they look at repossession. Dlmy mum had no assets. Do I have to apply for probate or letters of administration. As far as I can see we don't need it. Can anyone advise.

Our Response:
Probate is usually needed if the estate is small - but usually if an estate contains property or has a value of more than £5000, it won't be considered a small estate, so probate may be needed. If there are likely to be debts arising from the death, you should seek professional help. You should also check that there were no insurance policies in place that might help to pay off the mortgage debt.
FacingBereavement - 18-Jun-18 @ 9:24 AM
Our father passed away without a signed will, we obtained a probate for my mother. She passed away recently without a signed will (they had will's made up without signing them) Our whole family (including 3 siblings) was aware of their intentions however because we have no will we have one distant sibling who is contesting the intention of our parents. Can one sibling who was meant to inherit the estate and with the blessing of the other sibling and other family members obtain a probate directly for them self? Happy for that to be contested afterwards but wanted to know one can still make a probate claim without notifying a sibling?
Tony - 17-Jun-18 @ 12:58 PM
My mum has died from cancer, no will and leaves a mortgage behind of £250,000. She wasn't living in the house, was living on her business premises but paying mortgage on her own property each month. The house has been valued at around £225,000. Me and my brother (only us no other children) are happily dealing with everything together. My mum did not have a will. I have spoken to mortgage company who've said we will keep house for 12 months before they look at repossession. Dlmy mum had no assets. Do I have to apply for probate or letters of administration. As far as I can see we don't need it. Can anyone advise.
Rach - 17-Jun-18 @ 12:14 PM
My estranged dad died in December 2017. I've been looking for him for years. To cut a long story short a friend of his saw a post on Facebook which I posted looking for him. She contracted me 3 weeks ago and I travelled from the south coast to the west Midlands to collect photo and a little paper work she had. He collected corgi buses and they told me they had gone missing when he moved. I have seen on her Facebook she was selling 200 of them in January just weeks after he died. Now they knew he had an ex wife and children but told social services he had no next of kin. They where allowed to clear his flat even though no will was made. They still have belongings of his and haven't given them to me. Surely as he died intestate someone should have taken an inventory of his home. What do I do
Loulou72 - 13-Jun-18 @ 7:05 PM
Ca - Your Question:
My uncle has passed away and my mother is his only living sister who is his next of kin to which he gave her name to his bank. There are no children but there are nieces and nephews. Who will inherit the money from his account.

Our Response:
If your uncle has no spouse or civil partner, no children or grand-children and no parents the estate will be divided equally between his brothers and sisters i.e your aunts and uncles on your mother's side (or their children if they have already died).
FacingBereavement - 11-Jun-18 @ 3:43 PM
Hi my mother has recently passed away and the house she had was in join name with my father(died) and my brother.Will my brother now have the house as he is the 3rd owner ... my mother left no will and the deeds dont really tell us anything as such.
Shaz - 11-Jun-18 @ 12:59 PM
My uncle has passed away and my mother is his only living sister who is his next of kin to which he gave her name to his bank. There are no children but there are nieces and nephews. Who will inherit the money from his account.
Ca - 8-Jun-18 @ 9:20 PM
My farther in law has passed away with no will myself and wife lived with him with are two sons in his house which still has a mortgage on it my brother in law his son who has not been bothered with his dad has now demanded that we sell the house and what is left over is to be spilt 50 50 which means as there will be little left as in terms of money me and my family will have no where to live I had a tencey agreement with my farther in law for 15 years with 8 years left to run on it and was paying rent to him can my brother in law force us out
Sally - 8-Jun-18 @ 9:20 AM
Busylizzy - Your Question:
Hi my brother died recently and I need advice please. He was married but although it broke down they never actually divorced ( 15 + yes). She had 4 children when they married. I have been told he adopted the two youngest, but am not sure whether he did and why only 2 of them?? As his only sibling am I classed as his next of kin? Due to a rift the girls never told me he died or even about the funeral. A cousin went to the funeral, the girls he said he adopted told her they had looked all over but can't find a will although one girl thinks he made one. To add to the confusion he was also sole inheritor of our parents estate. I never contested that decision but now I'm need to know what to do, if anything? I know my parents were comfortable with a property savings etc. I assume that money will now be mixed in with my brother's estate and would object if it went to a non blood relative. Am I entitled to anything from my brother's passing and how do I proceed with matters? I have only just found out about the missing will but regardless of whether it's found or not I'm still feel I should be entitled to some of my parents estate. I hope someone can unlock the mess and advise me. Thank you

Our Response:
If your brother inherited the whole of your parents' estate, we assume they must have left a Will...you can find and view Will and order a copy here. If your brother didn't leave a Will, his estate will be divided as follows: If the estate is worth over £250,000, the spouse will inherit £250,000 value from the estate plus all personal possessions (regardless of value). The remainder of the estate (over £250,000 value) will then be split as 50% to the spouse or civil partner, and 50% divided between the surviving children. This includes adopted children but not step-children. If the children have died already, then their children will inherit in their place. If there are no children, the spouse or civil partner will inherit the whole estate.
FacingBereavement - 4-Jun-18 @ 3:45 PM
Hi my brother died recently and i need advice please. He was married but although it broke down they never actually divorced ( 15 + yes). She had 4 children when they married. I have been told he adopted the two youngest, but am not sure whether he did and why only 2 of them?? As his only sibling am i classed as his next of kin? Due to a rift the girls never told me he died or even about the funeral. A cousin went to the funeral, the girls he said he adopted told her they had looked all over but can't find a will although one girl thinks he made one. To add to the confusion he was also sole inheritor of our parents estate. I never contested that decision but now I'm need to know what to do, if anything? I know my parents were comfortable with a property savings etc. I assume that money will now be mixed in with my brother's estate and would object if it went to a non blood relative. Am i entitled to anything from my brother's passing and how do i proceed with matters? I have only just found out about the missing will but regardless of whether it's found or not I'm still feel i should be entitled to some of my parents estate. I hope someone can unlock the mess and advise me. Thank you
Busylizzy - 4-Jun-18 @ 7:01 AM
If a grandmother has died without a Will who would inherit from the estate. She had 4 children but her son died two years before she did.Would her surviving children inherit from the estate or would the children of her deceased son be entitled to a share.
William - 2-Jun-18 @ 6:40 PM
Steve - Your Question:
Hi thereMy uncle died and he Was split up with at time of his death and had a son with her but not proof it was his. He is not on the birth certificate of this child who is 5 and was not allowed access to the child either. We have been told.my another solicitor who is dealing with tge estate as there is no WILL and no probate that everything must goes to the child's mother for her to sell and put in trust for the child.We have asked why musthis happened as there is no proof the child was his and he was never allowed a DNA test even though when he was alive he tried to get, so he could confirm he really was the father.

Our Response:
If a solicitor has advised that there is no probate required, we assume the value of the estate is low. If the estate is worth under £250,000, and the deceased has a spouse or civil partner, they will inherit the whole estate.
FacingBereavement - 30-May-18 @ 2:11 PM
Hi there My uncle died and he Was split up with at time of his death and had a son with her but not proof it was his. He is not on the birth certificate of this child who is 5 and was not allowed access to the child either. We have been told.my another solicitor who is dealing with tge estate as there is no WILL and no probate that everything must goes to the child's mother for her to sell and put in trust for the child. We have asked why musthis happened as there is no proof the child was his and he was never allowed a DNAtest even though when he was alive he tried to get, so he could confirm he really was the father.
Steve - 26-May-18 @ 2:12 PM
Hi. My stepson died intestate so his estate was to pass to his mother and father (my husband). His father passed away 3 months later leaving me as his beneficiary. Does the stepsons estate still pass to my decreased husbands estate?
Miss lemon - 23-May-18 @ 7:32 PM
My Aunt and Uncle have both just died - my mum's sister - my aunt died first then my uncle. They were known to adult services in Hampshire in england and both died in a care home with a few months of each other and very frail and elderly and both had some level of confusion and dementia.They have a surviving daughter in her late 60s and grandson in the care of mental health services but i know not where.As far as I can tell - my uncle refused to set up power of attorney, consent to shareor make a will.The nursing home know of no power of attorney or will in the papers they have belonging to my uncle after my aunt died. Social services will not confirm either way to meif they had set up power of attorney or a will with a solicitor - there is a bag of papers at the care home but the care home have stated they are not willing to do anything more with regard to this.They did organise the funeral as there was a funeral plan in my uncles papers.Although I have reported the situation to social services - they will not give me any information on if they know if power of attorney with a solicitor was set up however, the adult services team and the housing association did empty all the possessions at my uncles house early this year when he was admitted to the care home without informing me - though they had my details as niece.I am not sure what else to do at this point as I don't know what is meant to happen next in England (I live in Scotland). I believe they had savings or money in bank accounts according to their previous neighbours which while not huge is still a tidy sum and should really got to the daughter and grandson Can anyone advise me on this?
JH - 22-May-18 @ 8:14 PM
My brother in law has recently passed. So far as we know he had no will and had an decree nisi in place but no absolute. He moved into his parents house who have been caring for him for the past 3 years, he has not seen his wife.The solicitor has now said that she will get all of his money, pension and possessions.We have phoned the social who also say she would be entitled to a bereavement payment lump sum of £2.5k and a monthly bereavement allowance of £100 for however long.She wants nothing to do with organising the funeral or even paying for it for that matter she just wants his money.We need to know is she really entitled to this and if she is next of kin should she use the money to pay for the funeral. Are we entitled to go to the bank and take his money out and use this for the funeral or does she have to do this.He has about 3k in his bank, about 1k for his pension and the rest is from the social.We just need to find out where we stand.Any advice would be appreciated.
Sezy - 22-May-18 @ 7:22 PM
Cazwot - Your Question:
My Nan passed away on 12/12/2012 and she had 2 son's, the eldest being my dad.I just found out my dad did not get anything from my nans estate. However, his younger brother has been enjoying holiday after holiday and has money to spare. He didn't have any money before my nan died. In addition, his adopted son had an abundance of money. Should my dad have been given half of my nans estate?

Our Response:
This depends whether there was a Will in place. Your nan may have left everything to the other son in her Will. Your father can find out whether there was a Will here...
FacingBereavement - 8-May-18 @ 3:38 PM
My Nan passed away on 12/12/2012 and she had 2 son's, the eldest being my dad. I just found out my dad did not get anything from my nans estate. However, his younger brother has been enjoying holiday after holiday and has money to spare. He didn't have any money before my nan died. In addition, his adopted son had an abundance of money. Should my dad have been given half of my nans estate?
Cazwot - 7-May-18 @ 9:00 AM
My grandfather passed away many years ago leaving the land... He had many children, but my father was the only one remaining on the land until he passed away 3years ago... I have been living on the land for the pass 24years and now my uncle has returned asking me to move off the property because he will be retiring and he needs the priority... I need advice... my father has wrote a letter stating I am to continue living on this land but my uncle is pushing me off
NYOKI - 3-May-18 @ 8:48 PM
My father passed away three years ago with no will, he had no wife or civil partner just me and my sister, we where asked to fill in a form about our father by a company and they would get back to us. I received an email stating that the beneficiaries had been paid but myself and my sister where not paid anything? The company will not disclose any information on the matter apart from my nan being the next of kin. Is there anything I can do about this?.
Henry - 26-Apr-18 @ 4:10 PM
My uncle has died without a will. He has no living wife, children, grandchildren or parents alive. He had 7 siblings only 1 living.. will the sister get all the money from probate.
Cob - 25-Apr-18 @ 6:43 PM
Axl - Your Question:
My father passed away with no will. Myself and my 3 other siblings were told by him that he had another child who he has not seen for over 25 years. We have got a copy of his birth certificate and my father is not named on it and we know he was divorced from the Childs mother when the child was born. We have no idea where he is living or if indeed our father is his father. Where do we stand with the inheritance - is he entitled to any? Any advice appreciated.

Our Response:
If he's not on the birth certificate it would be hard for him to prove that he is a biological child if he even knows about his father. A DNA test to establish a relationship with you as siblings might be needed if he decided to make a claim to part of the inheritance. Seek advice from a lawyer to find out whether you need to do anything as you're in possession of this knowledge.
FacingBereavement - 25-Apr-18 @ 12:58 PM
My father passed away with no will.Myself and my 3 other siblings were told by him that he had another child who he has not seen for over 25 years.We have got a copy of his birth certificate and my father is not named on it and we know he was divorced from the Childs mother when the child was born.We have no idea where he is living or if indeed our father is his father.Where do we stand with the inheritance - is he entitled to any?Any advice appreciated.
Axl - 23-Apr-18 @ 5:37 PM
carolina - Your Question:
Hi my grandfather died in 1993 and they could not find his will and said that everything would be frozen until my grandmother died.my father died in 1996 and I have just found out that my nan left the house to one of my uncle and he has died and left it one of my cousins that has already sold it.but my nans could only leave her part of the house but my grandfather part should have been for the rest of the sons as my father died I should have got is part??i have just found out about all of this now because I do not live in the uk anymore.I am intitle to anything even if they have sold the house in 2005??please help me thank you

Our Response:
If there was no Will and your grandmother's name was the on the deed as a joint tenant, she would automatically have inherited the property and the remainder of the estate would potentially be split as described above. If your grandmother made a Will to decide who to leave the property to there is not much you can do about it.
FacingBereavement - 16-Apr-18 @ 2:52 PM
hi my grandfather died in 1993 and they could not find his will and said that everything would be frozen until my grandmother died. my father died in 1996 and i have just found out that my nan left the house to one of my uncle and he has died and left it one of my cousins that has already sold it. but my nans could only leave her part of the house but my grandfather part should have been for the rest of the sons as my father died i should have got is part??. i have just found out about all of this now because i do not live in the uk anymore. I am intitle to anything even if they have sold the house in 2005?? please help me thank you
carolina - 13-Apr-18 @ 7:44 PM
Sugarbear - Your Question:
My parents didn’t marry until I was 2, after they married they had another child. Will I inherit any of their estate or will my sister receive everything?

Our Response:
You're still the biological offspring so yes you should inherit equally with your siblings assuming both parents are on your birth certificate.
FacingBereavement - 13-Apr-18 @ 12:13 PM
My father has recently passed away. He was living with his girlfriend of 2 years before this and therefore all of his belongings are in HER HOUSE(not jointly owned) the will that was left is null and void as he was not in sound mind when it was written and it was not witnessed correctly. He had a life insurance policy that is made out to me and my little sister. We have been trying to get my fathers belongings out of his girlfriends house, however she will not let us go round and do this, does she have any right to withhold his stuff from us?
Lana97 - 12-Apr-18 @ 11:28 AM
My parents didn’t marry until I was 2, after they married they had another child. Will I inherit any of their estate or will my sister receiveeverything?
Sugarbear - 11-Apr-18 @ 9:25 PM
Maca - Your Question:
Our father passed away recently, without leaving a will. There are four surviving siblings, including myself and we decided that myself, the oldest and the next oldest would become joint executors as there are complications with a second property and it would mean the burden of settling affairs could be split. The problem we have is with the main part of the estate, the family home, where one sibling has always lived in and still does. For whatever reason, they are blocking access to us. Collectively we had agreed that there were items of reasonable value, which could be sold to cover outstanding costs, in order to clear them quickly and avoid interest accruing. Does our resident sibling have the right to refuse us access? We have no wish to throw them out on the street, but these issues have to be dealt with and unfortunately the house and land will have to be sold. Any advice would be much appreciated.

Our Response:
Unfortunately if you can't use your powers of persuasion, the only other way to get your sibling to move out would be to apply to the court for an "order of sale". If you simply want access to the property for funds to cover initial expenses, such as funeral, legal fees etc, then you might need to speak with a solicitor.
FacingBereavement - 11-Apr-18 @ 10:13 AM
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