Death of estranged father in law - Estate

[batleyboy]

I was wondering if some kinds souls could offer some direction.

 

 

My wife's father ( who has been estranged for approx. 20 years ) has passed away. She has bee informed by her Uncle that there is no will so it falls to my wife and her brother as beneficiaries.

 

 

Her Uncle asked if he could be executor of the estate and gone as far as to assign a solicitor. On contact by the solicitor to see if my wife agrees to this, she said no. My wife and brother in law would like to be executor.

 

 

The fear is that the Uncle will not take kindly to this and may be ...obstructive. How would be best to ensure we obtain all relevant accounts ( there are a few by all accounts) and keys to the property.

 

 

We are looking to instruct a solicitor to handle but firstly want to get a ball park figure as to the estate size.

 

 

Any guidance / thoughts appreciated!

[king12345]

You'll need a death certificate and ideally knowing the banks where the money is.

If you don't know you can check your fil credit report (when I say you I mean your wife which is one of the beneficiaries)

Then you can go to the bank and ask for account balance.

Not much the uncle can really do apart from stealing money if he's got access to your fil bank cards.

But any transaction made after death will be easily identifiable.

[batleyboy]

You'll need a death certificate and ideally knowing the banks where the money is.

If you don't know you can check your fil credit report (when I say you I mean your wife which is one of the beneficiaries)

Then you can go to the bank and ask for account balance.

Not much the uncle can really do apart from stealing money if he's got access to your fil bank cards.

But any transaction made after death will be easily identifiable.

 

 

Ok so we can submit credit requests on the FIL, any ideas how? Didn't realise that. I am sure they will oblige with the house keys etc. It's the accounts which would be the ones to "slip their mind". So all accounts ( savings accounts etc) show on a credit report...pardon my ignorance.

[king12345]

Ok so we can submit credit requests on the FIL, any ideas how? Didn't realise that. I am sure they will oblige with the house keys etc. It's the accounts which would be the ones to "slip their mind". So all accounts ( savings accounts etc) show on a credit report...pardon my ignorance.

 

As far as I know and looking at my own credit report, all accounts, credit cards and loans are listed there.

Once you know which banks to contact, make an appointment and bring id and death certificate so they can give you a balance figure.

They're usually very sympathetic in these situations

[martin2006]

Have a look at the following link, you will need to check all 3 cra's as not all companies report to all cra's

 

http://www.experian.co.uk/consumer/questions/askjames264.html

[batleyboy]

thanks all for your guidance on this! very much appreciated!!

 

 

so this is a better option than any legal letters to force disclosure from my Uncle in law ( if that's a term)

[AndyOrch]

In the first instance, and before any other action is taken, the executor must receive legal ratification of his or her right to take control of the assets in the estate. This requires them to apply for a Grant of Probate from the Probate Registry, which it will be necessary to produce before any bank or other relevant institution will hand over control of assets.

 

Then you can deal with your Uncle.

 

Andy

[king12345]

In any case, if there's no will, your uncle would not have any right to be appointed as executor unless the beneficiaries agree.

Bear in mind that as Andyorch pointed out, you'll need to apply for grant of probate and do it quite quickly.

The probate registry office is quite efficient in my experience, but the last thing you want is a mistake giving your uncle legal status as executor.

First of all I would write to your uncle solicitor denying in very clear terms permission to act as executor and explaining that he's got to stay out of this matter.

Then contact the banks and let them know that there's a possibility that unauthorised transactions might take place so they can block them (your uncle might have access to online banking or bank cards, cheque books etc.)

[batleyboy]

uncles solicitor has now been in touch asking my wife to revoke her entitlement to the estate ( probably awful wording).

 

 

She would like to refuse this and also advise that she would like, alongside her brother, deal with the estate and also requires any information on the estate that the uncle currently holds .

 

 

Could someone help us word this please? Speaking to the uncle it is their request that any information is requested in this fashion

 

 

sounds odd but currently we don't even have a death cert / address

[honeybee13]

Hello there.

 

Would you be able to type up that part of the letter verbatim please, so we know what they're asking?

 

HB

Edited August 31, 2016 by honeybee13

[AndyOrch]

Im sure he means revoke your request to act as Executor...he cant ask revoke her entitlement to the estate...shes the main joint beneficiary:-D

[king12345]

Im sure he means revoke your request to act as Executor...he cant ask revoke her entitlement to the estate...shes the main joint beneficiary:-D

 

Or maybe the solicitor is shooting in the dark hoping to get your wife to refuse her inheritance.

Very long shot in the dark!

[batleyboy]

Or maybe the solicitor is shooting in the dark hoping to get your wife to refuse her inheritance.

Very long shot in the dark!

 

Thats unfortunately the suspicion we have king.

uncle believes although no will, that he knows the deceased wishes which did not include my wife.

[honeybee13]

Thats unfortunately the suspicion we have king.

uncle believes although no will, that he knows the deceased wishes which did not include my wife.

 

That's irrelevant now though, intestacy rules kick in if there's no will.

 

Are you able to tell us what the letter says about what they want your wife to revoke please?

 

HB

[king12345]

This sounds like a classic case of the uncle who was close to the deceased and finding it hard to accept that he will not inherit anything.

If it's true that your fil wanted to exclude your wife, he should have left a will.

Too late now, she will share the pot with her brother leaving the uncle dry.