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Probate and Siblings wanting to take eveything


laineynic
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I don't know if I am posting on the right section so forgive me if I am. I need some advise for a very close friend that is making herself ill over the worry of this situation.

 

9 weeks ago my friends brother died quite suddenly. It now appears that he never got round to making a will. My friend has the same mother and father as her brother. She has 3 siblings who have the same mother but not the same father. The 3 siblings disowned my friend 18 years ago when there mother died. During the last 18 years they have never been there for my friend and have shown no interest whatsoever, The siblings have treated my friend as a second class citizen and when there mother died she received no money from her estate as they told her she was not entitled to anything. It has never been about money on her part just principles.

 

My friend visited the family solicitor and was told because there were 3 siblings involved and no will his estate would be divided between all of them. My friend is distraught at the fact that her brothers estate will go to the siblings because of the way in which they have treated her and her brother. They have made it very clear that they can't wait to be in the money. Her solicitor has asked her to take a dna test to secure the fact the she is a full biological sister. But rest of the family are refusing to have this done because they know that the proof will show they are only step brother and sister.

 

Yesterday she received a letter saying that her sister has applied to be administrtor of the estate. This have thrown her into despair. I don't know what I can do to help her. For my friend it is not the issue of money, but a priciple that her low life step family want to take everything from her.

 

She is spending so much time worrying about what they will do next that she is not able to greive for her brother whom she loved and cared about.

 

Again apologies if I have posted this in the wrong place or if this is not something anyone can help and advise me about.

Elaine

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I would really suggest that your friend seeks proper legal advice on this matter.

 

What your friend was told about her inheritance from her mother's estate may not have been correct. If her mother left a will then it will depend on what the will said as to whether she should have inherited any of the estate. To find out what a will actually contained you can get a copy of the will from the probate records office for a small fee:-

 

http://www.hmcourts-service.gov.uk/cms/1226.htm

 

If it is too confusing to do this by yourself then you can get different companies to do it for you for a small fee. For exxample:-

 

http://www.probaterecords.co.uk/

 

When you get the will you will be able to see if your friend and her brother were actually beneficiaries of their mother's will. If their mother did not leave a will at all then your friend and her brother would automatically be beneficiaries of her estate under the Intestacy Rules - being a half-brother etc does not matter in this case as long as your friend and her brother are actual children of that mother that died. If hteir mother did leave a will then they will need to read it carefully to understand if they were actually beneficiaries.

 

If either of these circumstances do apply then they may have a legal case against the administrators of their mother's will. However this is very complex and you really do need a solicitor who knows about this area of law to deal with it.

 

To move on now to the death of your friend's brother. Where there is no will, given the cirumstances that you describe, then your friend is the sole beneficiary of her brother's estate as she is the only full blood sibling. The other siblings are only half-blood and so will not inherit anything as there is a whole blood sibling - your friend - that will take precedence.

 

I would suggest that she goes back to the solicitor with her birth certificate and her borther's birth certificate showing that they are full blood siblings - ie they have the same mother AND father. I would also suggest that your friend informs the solicitor in writing that the other siblings are only half-blood siblings and so are not beneficiaries and that she objects to then administering the estate.

 

If the solicitor will not do this then I suggest that you find another solicitor.

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I totally agree with what Nicklea has posted with one exception. As the only "whole blood" sibling your friend is entitled to 100% of the estate under intestacy rules. See attached for a more detailed explanation http://www.hmcourts-service.gov.uk/infoabout/civil/probate/why_will.htm#chart

 

She needs however to contact the Probate Registry to prevent the half-sibling obtaining letters of administration, she can do this by entering a caveat against the estate. The Probate Registry will be able to advise her on what she needs to do.

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Thank you for your help and advise. I have let her know what you have told me and she it has made her more determined to go ahead with this.

 

Before she could contact the probare Registry her sister has been and made herself and administrator. She has now been advised by solicitor that in order to enforce the dna she has to go to court to insist they have it done.

 

Thanks again

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According to the birth certificates they all have the same mother and father. But in true life this is not so. My friends mother remained married to the same man despite having 3 children to her polish lodger. I believe it was a way of keeping up appearances. In 1945 I don't thinl it was the done thing to have an affair and be married. They were all fully aware that they did not share the same father and until now it was kept quite. It's all very comlplicated and we think that the DNA will finally sort things out once and for all.

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