[Closed] Any solicitors in the house - probate quandry!?

I take it there is no will then?

no expert but..... did she have a will? if so its does not matter who is the child of who ect..... she might of left it to the stray cats or something maybe?

or would it all pass to my mother (who's fortunately still alive) for her to decide what to do with.

There is a will, I am not aware of it's full contents but I believe it to be no different to the standard 'leave everything to the kids' - just wondering what was standard in these situations.
As my wife and I have recently written our wills and we've asked for any proceeds to pass directly onto any future grandchildren should one of my children preceed my own and wifes death.

you need to see the will an go from there. the will wont says just split it between the kids. i imagine there will be a little more to it tul then.

Presuming she didn't change her will when your dad died [and he was a beneficiary] wouldn't anything due now go to his estate?

I really have no idea, I'm guessing 🙂

Standard would be one third of your dad's share but it was her estate to do what ever she wanted with she may have left you a rude note and given the lot to the cat's home .

Scotland or the rest of the UK?

Surely your Dads Estate will have been wrapped up after his death? That being the case I'd imagine any proceeds would be split amongst the surviving siblings.

Your inheritance should be saved by Section 33 of the wills act that provides that 'Gifts to children or other issue who leave issue living at the testators death shall not lapse'

In the real world that means that your late Father's share will be divided equally between you and your siblings.

Unless the will specifically excludes section 33 or has any other contrary provisions.

This also works where there is no will and you are relying on the intestacy provisions as laid down by the Administration of Estates Act.

These are the rules in England and Wales.

England. but Scottish by birth 😀 me not my gran or dad. yup my mother married a sassenach.

Thanks NJA, I take you work in the industry?
generally how long after a persons death is the estate all sorted out?

druidh - Member

Surely your Dads Estate will have been wrapped up after his death? That being the case I'd imagine any proceeds would be split amongst the surviving siblings.

Doesn't work like that, in Scotland anyway. Imagine if £1M was left to a deceased who had surviving inheritors, but his estate was "wrapped up"?

If there is a Will and you are to inherit, I would expect you would have been told this by now. Do not assume that you will inherit anything. My uncle died earlier this year who had only five blood living relatives in his family, including myself. We were led to believe that all five would inherit but only one relative inherited. Life is shite sometimes, so unless you can get a copy of the Will either by asking the Executor or applying for a copy through the Probate office, once Probate has been granted, expect nowt!

took about a year to sort out my aunts will( we did have a few details changed after the death ) but it was fairly simple.

Yes my company is involved in Wills and Probate, depending on how fast the grant of probate is applied for you would normally expect the whole estate resolved in 6 months.

Obviously if there is a property to sell then this can string things out a bit, a prudent executor (the person administering the estate) would not normally distribute the estate before the six month point as they have to allow time for the receipt of any claims against the estate.