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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70508
Experience:  Over 5 years in practice
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A cuson of mine died 2years and 3months ago,willsafe and the

Customer Question

A cuson of mine died 2years and 3months ago,willsafe and the solictors have sent us a family tree listing all of the beneficiarys [one has since died leaving no offsprings ect] they say that they have to be shure that there is no more beneficiarys to the estate before they can finalise and pay out.The house was sold by the solicitors some 2years ago and the family tree that they gave us seems ok, so why are we not being paid what we are due,Please can you let me have your views or comments on this matter.many thanks L B COOPER
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Have they actually given you any reason why there is a delay or are they ignoring questions?
Customer: replied 3 years ago.

as i said they keep saying that they have to make sure that there is no more family tree members, ie family members that they do not know of that could be entitled to a share

Expert:  Jo C. replied 3 years ago.
Thanks
If this was a case where it was a distant cousin who died intestate and a firm of genealogists located you and any other relatives it is not unusual for things like this to take a couple of years to resolve.
They have to carry out all reasonable enquiries to try to locate missing beneficiaries including putting notices in the local newspaper. However, they are easy to do. What they finally do is take out an indemnity policy which is an insurance policy which would pay out in the event that a beneficiary came out of the woodwork making a claim.
To say that they have to make sure that I know more family tree members is true but that is not an answer as to what the delay is.
I would tell them that unless you get a substantive reply as to what the delay is and what they are doing about finding any potential beneficiaries such as arranging indemnity insurance, notices in the newspapers and the London Gazette etc and prospective timescale for distribution, you will have no alternative but to make a complaint to the Solicitors Regulation Authority.
Can I clarify anything for you?
Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Hi, My couson did not die intestate, as i beleave that she left a will, but the person that she named had died leaving no beneficiary,thankyou for your info and input,as you say they are not giving us the correct answers as to why so long a delay L B C

Expert:  Jo C. replied 3 years ago.
Thank you for the additional information. It is still an intestacy because it is the intestacy of the beneficiary. So it's really double handling everything. Firstly the estate of your cousin dealt with under the terms of the will and probate and secondly dealing with the intestate estate of the named beneficiary.
If however there were 2 beneficiaries, you and someone else who has died, there is no reason why you could not have been paid out your share.
Customer: replied 3 years ago.

just to say sory but i did not tell you that there are 11 beneficiaries in line for what ever is to come on settlement your coment on this please many thanks L B COOPER

Expert:  Jo C. replied 3 years ago.
That could account for the delay because, even though the property was sold, it very often takes a considerable length of time not only to find out who the beneficiaries are but also to locate them. However, once their identity is known, locating them is less of a problem from a delay point of view because if one of the beneficiaries cannot be located (but whose identity known) that person's share can be kept on deposit until such time as their whereabouts is known.
Customer: replied 3 years ago.

Many thanks you have been very helpful l b c

Expert:  Jo C. replied 3 years ago.
No problem and all the best.
Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’.
Customer: replied 3 years ago.

many thanks i think that you have helped me all that you can at this time so many thanks to you jo c

Expert:  Jo C. replied 3 years ago.
You are welcome.
Customer: replied 2 years ago.

jo c

i am very happy with your replies and you have been of great help to me. i now have one more question if that is possible, or will i have to pay you more money lbc

Expert:  Jo C. replied 2 years ago.
It is probably best to post another question as I'm offline for a while now so somebody else may need to pick up.
Customer: replied 2 years ago.

Smile to jo c many thanks my question is - how is the distribution of the legacies paid out ,i have been told that it goes from my cousin who died

on to the uncles &aunts who are all dead so then down to the cousins of 11 of them. So there being a top some off £250,00[ two hundred and fifty thousand pounds] is this then divided between the 11 cousins or down to there off springs if they are deceased.like 1st cousins to 1st cousin once removed to 1st cousin twice removed.i hope this is ok l b c

Expert:  Jo C. replied 2 years ago.
There is a strict pecking order in respect of the estate of someone who dies without leaving a will.
It depends whether there are siblings or parents and then who survives.
It is extremely rare for anyone to die with no relatives.
If you go down the list from this link
http://www.graysons.co.uk/wills-estates-trusts/intestacy-rules/
you will see who gets the estate and in what order.