probate advice

[tomboy1]

hi my brother dies last week and did not leave a will . I am the oldest in the family but he has a son to his x partner who he has not been with for over 10 years and he was married over 34 years ago and has 2 older sons to his x wife but is devorced from her but we dont know where his oldests sons are . my problem is that his x partner has been to the bank about my brothers money and told them she is still his partner and she has been told it will go to probate . she thinks all my brothers money should go to her son a what i want to know is who should be dealing with the probate office over this ?. As i feel it should not be his x partner as she has allready lied to the bank by making out to them that my brother and her were still together . My brother lived with my mum for years untill he died last week and not lived with his x partner for over 10 years . I would be greatfull for any advice about this matter.

ps i am just worried that if his x partner gets all the forms from the probate office she will put down a load of lies on them . many thanks ps my brother has left over £61.000. forgot to say our mother is still alive she is 83

Edited February 28, 2012 by tomboy1
neede to add more to post

[cymruambyth]

I don't think that she has any rights and the money should be split equally between the children. You can ring the probate office and ask for the forms.

When someone dies intestate there are certain rules which must be followed for dividing the estate.

[tomboy1]

contacted probate and they told me its his son he has to his x partner who deals with the probate told then he wont tell them on the forms they send him about his 2 older half brothers they have told me that they will go by what he puts on the form and he will get the lot Even tho he;s lied cos there not going to search for his other sons if its not on the form . they told me as well my brothers n sister n mother are not intiteled to anything . fat lot of help the probate were . thought they were there to make sure this money would be shared out fairly seems not .

Edited February 28, 2012 by tomboy1
added more

[asokn]

Well, the probate office staff are purely admInistrative employees; they don't check the family tree of each deceased!

 

You should I believe have the opportunity to challenge any grant of letters of administration if you believe other beneficiaries are being prejudiced but to be frank as there's a £60,00-odd estate in issue here you may want to take some advice from a dedicated probate solicitor. A few hundred pounds is a fairly small proportion of the sum that stands to be improperly administered otherwise.

 

EDIT: A quick google search tells me that there is a specific statutory framework for determining who should inherit what. Google 'intestate deceased' and you should be able to see it for yourself. Then just work through it applying the statutory framework to the deceased's own family.

Edited February 28, 2012 by asokn

[honeybee13]

Hello there.

 

Here's a link to directgov. It should be a calculator about how the inheritance is divided up if someone dies without a will.

 

My best, HB