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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 30014
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I have a question regarding my grandmother's inheritance,

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Hi, I have a question regarding my grandmother's inheritance
JA: Where are you? It matters because laws vary by location.
Customer: Huddersfield, West Yorkshire
JA: What steps have you taken so far?
Customer: I haven't taken any yet. Just look at the GOV website around who can inherit
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: My grandma died in testate and I don't believe there to be a will. I uncle is currently trying to inherit all of her estate. My mum (my grandmother's daughter passed away before my grandma did. I'm just wondering what my rights are in regards ***** *****

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

I am very sorry to read of the above and please accept my condolences for your loss.. I will certainly try to clarify the position for you.

  1. May I confirm that your mother was your grandmother's natural or adopted child and not a stepchild please?
  2. did your mother have any other children and if so, are they alive or have they passed away leaving children?
  3. has anyone applied for probate in your grandmother's estate?
Customer: replied 18 days ago.
Hi Joshua, thank you for assisting me with this and I appreciate your condolences. My mother was my grandmother's natural daughter. Yes, she had my younger sister (Trudy, 23), who is still alive. I'm unsure as the uncle who is trying to inherit the entire estate is estranged from us and we only ever hear from him when he sends us hate mail. I suspect he will be as it is certainly in his interests.

Thank you. finally, can you confirm whether your grandmother was married at the time she passed away?

Customer: replied 18 days ago.
She was, but she was widowed and her spouse passed away in 1998.

thank you. Based upon what you say, the intestacy rules would apply as she did not leave a will and accordingly, the administration of estates act would determine who is entitled to inherit in the circumstances.

The intestacy rules provide that in the circumstances, where she was not married at the time of her death, that her assets would pass to her children (if more than one in equal shares). Where in the of those children have passed away ( as a sadly the case for your mother) their share passes to any children that survive them.

So in this case, if your grandmother only had one child being your mother, and your mother has sadly passed away, then your mother's share will pass to you and your siblings in equal shares.

in terms of who is entitled to take administration, the noncontentious probate rules provide that you would be so entitled along with your sister. Accordingly, you can make an application to probate on this basis.

Based on the above information, your uncle would not have a claim to the estate

Customer: replied 18 days ago.
Thank you, ***** ***** clarify, my uncle is also my late grandmother's son. My grandmother has two children, my late mother and my uncle. On this basis, would me and my sister still be entitled to what may have been my mother's share? Furthermore, as far as I know there no will made, however is there a way for me to check? I would ask the uncle in normal circumstances, however he will not be cooperative.

Thank you for the clarification. The same above principles apply but obviously this changes the distribution. Based on what you say, your grandmother's estate would be divided into two equal parts, with your uncle inheriting one part and you and your sister (plus any other siblings you may have) dividing the other share between you.

You and your sister have a joint right alongside your uncle to apply for probate for your grandmother's estate and it may be sensible for at least one of you and your sister to do so in order that you have some control over the administration

Customer: replied 18 days ago.
In regards ***** ***** timeline, My mum passed away in late April, followed by my grandmother at the end of August.

Thank you. The position remains as in my last post in terms of entitlement

Customer: replied 18 days ago.
Thank you for your guidance on this Joshua, this is good news for me and my sister. I think I will be definitely applying for probate.

I'm glad the above answers all your questions for now. If you have any follow up questions please revert to me.

Customer: replied 18 days ago.
Thank you. One last question, can me and my sister apply for a probate separately or is it preferable
to apply together?

it is better to make an application together where possible. If one person has a ready made an application for probate such as your sister or your uncle, it is still possible for additional party such as yourself to apply for probate at this is known as applying for a double grant and is ever so slightly more involved - not so much so as to put you off but so as to make it preferable to apply together rather than separately

Customer: replied 18 days ago.
Thank you for your advice, I will apply with her then. I'm sure there will be more questions down the line

I'm glad the above answers all your questions for now. If you have any follow up questions please reply back to me.

Thank you again for visiting JustAnswer and see you again in the future I hope.

Customer: replied 16 days ago.
Hi again Josh, I'm currently trying to apply for a probate but I first need to know the value of her estate. Since I am estranged from my uncle, I know that he won't be looking to cooperate. Do you know where I could begin to start looking for this information?
As administrator you can obtain valuations by contacting organisations directly. You have authority to obtain information unde the Administration of Estates Act
Joshua and 2 other Law Specialists are ready to help you
Customer: replied 4 days ago.
Hi Joshua, just updating you as to where I am so far with this. I have contacted my grandma's building society, to which they have said that they require a letter from a solicitor stating my entitlement for them to
Customer: replied 4 days ago.
confirm the opening balance to me. I'm just wondering if that is a service that this website offers?