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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34233
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My late uncle has died with no will but left instruction

Resolved Question:

My late uncle has died with no will but left instruction that I am the next of kin.
Do I have to apply for probate
He has one surviving sister ( who has dementia - and is in a home ) she has 4 children who have power of attorney over her estate.
My late mother who was the remaining sister has 5 children.
He left no property, only an amount of money in Barclays Bank.
Barclays have released his money to me to pay his outstanding bills and funeral as he was in rented property.
Do I have to apply for probate as it was not required by the bank?
Does the law state that the money has to be divided between his one surviving sister and the 5 children from his deceased sister?
As no will was left can the NOK decide the allocation of any remaining monies.
Thank you for you help
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information first.Which part of the Uk are you in and how much is involved?
Customer: replied 1 year ago.
Wales and we are talking about £21 / £22,000 after all the bills and funeral has been paid.
Expert:  Clare replied 1 year ago.
Hi
Since there was no Will the Intestacy rules apply.
Since the only assets have already been transferred to you there is no requirement to obtain Letters of Administration (probate) but you do have to distribute the funds appropriately.
Half of the balance goes to your surviving aunt; the other half is divided equally between you and your siblings.
If this is to change you would ALL need to agree to the change - and your Aunts dementia precludes that despite the Power of Attorney held by her children
Clare
Customer: replied 1 year ago.
Am I correct in understanding that my aunties dementia will provent us from deviating away from the intestacy rule ie my auntie + myself and my 4 siblings?
Expert:  Clare replied 1 year ago.
Hi
Not so far as your families half is concerned - but her half will need to go to her
Clare
Clare and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you very much, you have been very helpful!
Can you email me answers direct to***@******.*** for reference and also a receipt.
Thank you again.
Expert:  Clare replied 1 year ago.
Hi
You are most welcome - and I shall ask site admin to deal with your requests
Clare