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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 14365
Experience:  30 years as a practising solicitor.
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My brother died intestate. After being given diagnosis on

Customer Question

My brother died intestate. After being given diagnosis on 30th May terminal cancer he passed away early hours of Sunday 2nd June. I his Sister whom he appointed as his NOK new of his wishes regarding his estate, and had arranged for a solicitor to visit him on the 4th June at 3.30. his children have now taken over as his Kin two he hasn't seen for over 35 years maybe more. His wishes for his property and other monies etc are not being honoured, although I have told them what his wishes where. My Brother told me at various times the house and its contents plus an amount 'to do it up' was to be left to my Son who was like a Son to my Brother. After we both received the prognosis? on the 30th my Brother told me where the Deeds to the property where in his home and I was to take them home with me, his words where 'as you know what my wishes are for the house' I said I wasn't going home that night I was staying again at his house, he said that I was to take them WHEN I was going to my home which in actual fact was Friday 31st May, my Son had come to see his Uncle and although I was planning on staying at my Brothers I had in fact lost my car keys at the hospital and needed to get my spares. on our way home from the hospital we called to return my Brothers next door neighbours glasses which he had left at hospital, and I went into my Brothers house and took the Deeds with me as Joe had told me to. Can I contest what is happening, is this a death wish gift? Also on more than one occasion Joe told me that his motorbike and all paraphernalia relating to bike, clothing, helmet log keys etc. this Tony did after my brother passed on, this was with my blessing
JA: Where are you? It matters because laws vary by location.
Customer: I am in Cheshire a place called Neston. ***** *****ves in Standish Nr Wigan. MY brother lived in Wigan
JA: What steps have you taken so far?
Customer: I haven't taken any steps so far as the release of my Brothers body was delayed and the Funera is taking place on Thursday 20th June. Tony has told the next of kin that he will not return the bike as it was Joes wishes, they say it has been stolen. I think Tony is instructing his solicitor
JA: Anything else you want the lawyer to know before I connect you?
Customer: I DONT THINK SO
Submitted: 3 months ago.
Category: Law
Expert:  JGM replied 3 months ago.

Thanks for your question. Because there was no will your brothers children inherit his estate I’m afraid and they are the ones entitled to administer the estate. Verbal instructions are not legally valid. I’m sorry to tell you this but that is what the law says. I hope that answers you question. Please leave a positive rating so that I am credited for my time.