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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33955
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My son's grandmother died in March 2013 leaving no will. My

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My son's grandmother died in March 2013 leaving no will. My son's father (his grandmother's son) had predeceased her. My son has now found out that his grandmother's estate has been finalised and that he has not been included or informed that her estate was being dealt with. As his grandmother only had a daughter surviving her my son understood that under the intestacy rules he should be entitled to half of his grandmothers estate. However he was not made aware that an claim had to be made before August 2013. What course of action can he take to claim a share of the estate
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 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.
Is your son his father's only child?
Is his father named on his birth certifciate
Clare
Customer: replied 2 years ago.

My son is the only child from my marriage to his father. His father is named on his birth certificate.

Customer: replied 2 years ago.

My Son was the only child of my marriage to his father. His father is named on his birth certificate

Customer: replied 2 years ago.
Relist: Incomplete answer.
I have not had an answer to my question yet
Customer: replied 2 years ago.

Are you able to give me any further assistance yet please

Customer: replied 2 years ago.

I am still awaiting a reply. Please get back to me as soon as possible.

Thank you.

Expert:  Clare replied 2 years ago.
Hi
My apologies for the delay - unfortunately each time you set a follow up the question dropped to the bottom of my list and I have to take the questions in order
Your son is indeed entitled to half of his Grandmother's estate if there was no Will
Since his Aunt was aware of his existence there was no date by which he had to make a claim on the estate.
he(or you if he is under 18) should write to his Aunt and ask what the position is - she will be personally liable if she has dealt with the estate and not accounted to him for his share
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

My son understands the estate has already been settled and that one of her children has been living in his grandmothers house during the time his grandmother was living with his Aunt in his Aunt's care and feels the house is his. What course of action should my son take if she says my Son is not entitled to anything?

Expert:  Clare replied 2 years ago.
Hi
As a starting point check at the Land Registry to see who actually owns the property and when the ownership changed
https://www.gov.uk/search-property-information-land-registry
as I rather suspect this may have been dealt with prior to the Grandmother's death
You should also search to see if Letters of Administration were applied for (which would have to have happened IF the property was still in the grandmother's name
https://www.gov.uk/search-will-probate
Assuming the property was still in her name and the Aunt has obtained the Letters of Administration to deal with the estate then she is personally liable to your son for his half of the estate monies - and her failure to have included him could amount to criminal fraud
Clare
Customer: replied 2 years ago.

Thank you for getting back to me. I have paid for a copy of the Title Deed which shows the present owner as my Son's cousin. It does not seem to say when the property was put into his name. How can we find this out please

Expert:  Clare replied 2 years ago.
Hi
On the entry that gives his name there should be a date - what is that date?
Clare
Customer: replied 2 years ago.

Hi, I have printed off the Title Deed which shows that the property was transferred to his cousin on 24th July 2013 by an Assent between my Son's Aunt and his cousin. Probate was granted on 7th June, 2016. I am beginning to wonder whether there were other monies which have gone to the Aunt's other 2 children!!

Expert:  Clare replied 2 years ago.
Hi
Excellent
So was it Probate of a Will - or Letters of Administration of the Estate?
Clare
Customer: replied 2 years ago.

On line it said under "Documents" Probate. We noticed that others in the list said Probate and Will so we are assuming that it must have been Letters of Administration of the Estate. Without paying for a copy we have not been able to see any further.

My Son has actually spoken to the Solicitors who dealt on his Aunt's behalf and they are contacting her as they say he is definitely a Beneficiary and is entitled to his Father's share of the estate and they say the situation needs rectifying.

Sorry it is taking me a while to get back to you today but we are having problems with our internet!!

Expert:  Clare replied 2 years ago.
Hi
That is excellent news.
Clearly the house did indeed form part of the Estate - and your son is entitled to half of it's value - and indeed half of everything else there is.
If need be the Assent will be reversed so that the house can be sold.
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33955
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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