If the only assets in cash, and there is no investment in any of the banks or building societies over about 20,000/GBP30,000. Then the bank or building society will normally deal with this under the smaller estate rules.
Whoever is then going to deal with it would simply sign a statutory declaration in front of a solicitor, on oath, that they are entitled to deal with the estate and they will deal with it in accordance with the will or, if there is no will, under the rules of intestacy.
Each of the bank/building societies has their own form which they complete or you complete and then pop along to any other solicitor to have it sworn. The solicitor charges a fixed five quid for doing so.
Insurance companies on the other hand tend to be a rule under themselves but if you tell them that there is no property and therefore you are not applying for probate, they should release any monies on production of the death certificate. They may want a similar declaration.
Similarly, the solicitor can deal with this in the same way but they have decided to become self appointed administrators and divided three ways.
If they want idea of the individuals and they will give one third each, and I really can’t see that you have an argument with them and I would do what they are asking for, get the money, and then make a complaint to the firms complaints Partner and ultimately to the Legal Ombudsman.
Whilst they may not be entitled to do this, they are doing and the easiest way of resolving this is as I have mentioned because if you wanted to argue the point, it could easily be 12 months before it gets to court.
Can I clarify anything else for you?
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