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Kasare, Solicitor
Category: Law
Satisfied Customers: 1301
Experience:  Solicitor, 10 yrs plus experience in civil litigation, employment and family law
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My mother recently died and left no will. My older brother

Customer Question

My mother recently died and left no will. My older brother has appointed himself to sort out her affairs without my consent and is forcing me to sign a form to release her pension. I do not trust that he will share the money and refuse to sign with more information about her affair. Now he is say that he will imform HSBC that I have mental health issues and unable to sign. I do have bi-polar but currently am well. I do not have access to the death certificate.

Submitted: 2 years ago.
Category: Law
Expert:  Kasare replied 2 years ago.
Hi, thanks for your question, I will try to assist you with this.
If someone dies without a will, they are intestate and therefore a member of the family can apply to deal with the estate. They have to apply for a grant of representation to be the administrator of the estate. This person is then legally obliged to deal with the estate in accordance with the law.
If there is no surviving spouse, then it is the children of the person who has died without leaving who will inherit the whole estate. This applies however much the estate is worth. If there are two or more children, the estate will be divided equally between them.
I appreciate that this is a difficult time, but perhaps if you work together he may be more willing to be open with you regarding the estate and her affairs.
However, if he is not, then you have the ability to bring a claim against him. Part of his duties is to account to the Inland Revenue for her estate so there will be documentary evidence of the estate etc.
If you have any particular question on this that you wish to know about, please ask.