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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34236
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hello Im one of 7 heirs to a bona vacantia estate. Collectively

Customer Question

Hello
I'm one of 7 heirs to a bona vacantia estate. Collectively we instructed an heir hunter to claim and distribute the estate. Unbeknown to 6 of us the 7th heir ( who's on bad terms with the family ) applied to treasury in his own right and was paid out the whole estate, making him th Administrator. Nine months have passed, he's not paid out and refuses to answers letters/phonecalls from us and the heir hunter (our representative ) about progress of the estate. One heir visited the Administrator and was told he could have his money on production of a copy birth certificate, but payment was not forthcoming.
We think that because of the family situation there's deliberate intent to withhold the money from the other heirs and wonder what action we can take.
Anne
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Just to check - the money was just a single lump sum which needed distributed
Clare
Customer: replied 3 years ago.


Yes. We don't know the amount as Treasury solicitors tell us they cannot give us this information.

Expert:  Clare replied 3 years ago.
Hi
What has your representative actually done in this regard?
Clare
Customer: replied 3 years ago.

Phoned and written to treasury solicitors explaining situation and requesting details of amount so that family can take court action ie in small claims court or wherever. After initial refusal to disclose, - wrote again asking them to reconsider in circumstances. Treasury solicitors replied matter would be referred to higher level. Weeks have gone by, he's phoned again but no decision, nobody will dicuss or give info on how long a decision will take. Just brick wall !

 

Prior to contacting treasury solicitors, representative phoned administrator and wrote to him enclosing signed authorities from 6 heirs to deal with him on our behalf. He requsted details of the estate and progress of the administration. No response.

Expert:  Clare replied 3 years ago.
Hi
Have you checked that Letters of Administration have been obtained?
Clare
Customer: replied 3 years ago.

No.

Expert:  Clare replied 3 years ago.
Hi
This relative is legally responsible to share the estate with the rest of you
You can check whether or not Letters of Administration have yet been granted using the details here
https://www.gov.uk/wills-probate-inheritance/searching-for-probate-records
This will dictate the way forward.
If Letters of Administration have NOT been obtained then you should write and inform him/her that if they do not do so then you will apply to the court for the right to replace him and allow you to obtain the information from the Government
http://www.acitylawfirm.co.uk/wills/157
Alternatively If they have been obtained then you can simply sue him for your share of the estate
I hope that this is of assistance - please ask if you need further details
Clare
Clare and other Law Specialists are ready to help you
Customer: replied 3 years ago.


Thank you Clare. Links were very helpful.


Anne

Expert:  Clare replied 3 years ago.
Hi
I hope all goes well
Clare