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JGM
JGM, Solicitor
Category: Law
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Experience:  30 years as a practising solicitor.
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I'm trying to establish if I have any right to claim any of

Customer Question

I'm trying to establish if I have any right to claim any of my brothers estate as he sadly passed away suddenly back in May.
My Brother bought our family home off my Dad back in 2008 for £93000, when my Dad left the UK to live with his new Thai wife over in Thailand.
On hearing about my brothers death, he literally jumped on the first plane back to the UK and started trying to work out what he would get from the Sale of the house and for Death in Service benefits. Well the house has already been sold STC for £200000 and I'm estimating my brother had at least £100000 in death in service benefits to be paid out.
My Dad has kept me at arms length the whole time he's been back in the UK, not allowing me to get involved in sorting anything out. My brother did have some learning difficulties/special needs, depite holding down a full time job for the last 27 years. He had talked to me when our Dad went over to Thailand and said when he dies, he didn't want any of his money going to Thailand, where our Dad's wife would then inherit everything in the event of anything happeing to our Dad. Though, I'm not sure if he ever got as far as drawing up a Will as for the last few years became more and more of a recluse, distancing himself from anyone, other than work colleagues, within work time. So although I never had a fall out with him, we'd not seen each other for a good couple of years.
My Dad has made it perfectly clear he's after as much money as possible as he wants to take it back to Thailand, he wants his Wife looked after and although he has 'loved ones' over here, they don't need anything.
Well, actually, I don't want to appear a gold digger, as I am devistated my brother has passed away, but in addition to my brother passing away, we lost our mother 11 years ago and it was at this point, my Dad kind of moved on and made a new life in Thailand, disregarding the past, happy to take money for our family home from my brother - So now I feel, he's had the money for that house once over, now he's getting another £200,000 etc... I'm not saying I should get everything and if it was the case that I'd be set to inherit any of it, once my Dad passed on that would be fine too, I wouldn't begrudge him having money, but I feel that so much of this is from my old family home, where I grew up with two parents and if my mum was here today, would want myself to benefit too, as most parents would.
So sorry thats long winded, but my Dad is set to go back to Thailand on 5 July and I'm trying to establish if there is any way of making a claim on any of the inheritance as I feel once he leaves, I'm probably never going to be contacted by hm again.
It was absolutely heartbreaking seeing my family home, all stripped out on Rightmove and having had no say in anything.
Kind Regards
Wayne Clarke
Submitted: 5 months ago.
Category: Law
Expert:  JGM replied 5 months ago.

I am sorry for your loss. If your brother left no will then I'm afraid that your father inherits his estate under English law. Had it been Scotland, for example, the estate would have been shared between your father and you but English law states that the surviving parents are the sole beneficiary where someone dies without a wife or children. As your father is the sole surviving parent he gets it all, I'm sorry to say.

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