Donate SIGN UP

Claim On Estate

Avatar Image
thelewisgang | 12:40 Fri 12th May 2017 | Law
15 Answers
My Uncle (my Dad's brother) died in 2002. He was widowed & had no children. He was a loner & lived in a grotty bedsit for many years before his death at age 77. He had either very little or no money at all. He never really wanted to keep in touch with his living nieces/nephews, having no other living relatives. We sent him Christmas cards & always received one from him. I do not know if he died at home or hospital but when his bedsit was inspected, there was nothing in there that gave any indication of living relatives. He was given a paupers funeral because of this which we all found rather sad. Now, just over a week ago I received a letter from a probate company to say they were dealing with his estate. This came as a shock. The letter included forms to fill in order to proceed with a claim. I know from what the letter says that I can have my documents certified at the post office for a fee to save me having to send these through the post. What I cannot understand is according to what I've read online regarding beneficiaries, a claim can only be made up to 12 years after a death & then any monies go to the government. It states this is the ruling unless there are "exceptional circumstances". What things are classed as exceptional circumstances bearing in mind 15 years have passed since his death.
  
Gravatar

Answers

1 to 15 of 15rss feed

Avatar Image
Ignore the 12 year thing, it wont apply here. The reason for this is that yes there is a limitation period of 12 years - but that arises from the date when the beneficiaries became entitled to receipt of their interest. They cannot be entitled to receipt until the estate has been administered as the estate has not been administered, time hasnt started to run. You...
14:40 Fri 12th May 2017
You say the letter comes from a Probate company. Is it from the official Probate office?
Google bona vacantia and then go to the gov.uk website. It says you have 30 years before the estate is removed from the bona vacantia list. The list is published on line so you can check if your relative is on there and then maybe do your own claim and not pay the company who contacted you. Have you not watched Heir Hunters on tv? Companies search for the heirs of unclaimed estates and then do all the work to claim the money for the heirs but obviously take a cut.
Question Author
Tilly this letter from one of the Heir Hunter organisations. Carrot, yes I've visited the websites you mentioned but to do a claim myself, it asks for details of other surviving relatives. I am only in contact with two although I have other cousins, probably another 4 or 5 who I haven't been in touch with for many, many, years & wouldn't even know where they live now
^^^
Yep and the cut is a hefty %tage of the value of the estate .
Question Author
Carrot, I also meant to say when I looked at the government page you mentioned, yes, my Uncle's name was on the list, showing as unclaimed
Question Author
Will look at your link later Tilly. Thank you!
Ignore the 12 year thing, it wont apply here. The reason for this is that yes there is a limitation period of 12 years - but that arises from the date when the beneficiaries became entitled to receipt of their interest. They cannot be entitled to receipt until the estate has been administered as the estate has not been administered, time hasnt started to run.


You could make a claim yourself TLG, no reason why you shouldnt.

I would be inclined to read what this company are charging and on what basis? Are they charging the estate or are they charging each beneficiary?
Of course, TLG if you make a claim yourself, you realise you will have to administer the estate and make sure it is shared out between your cousins?
Question Author
Thanks for your useful information Barmaid. I realise any monies would have to be split between all the cousins & do wonder if it was one of them that had made enquiries about my Uncle's estate. As I said earlier, there are a few of us & I am only in touch with two now & have no idea where the others live so if I pursued this myself rather than through this company who have written to me I would find it virtually impossible for me to trace them
// Are they charging the estate or are they charging each beneficiary?//

from the prog - they charge each beneficiary hence the rush to sign up = and it is 20% they say - and yes they dont say why the charge should be dependent on the estate and not the work involved - but I think they do say - this wont cost you a penny - it will come from the money you never knew you would get ....
It's a very important question - and the answer TLG gives could save him a lot of money.
Question Author
Thanks again for your recent replies. I am going to ring this company tomorrow to raise some questions/make enquiries. Just for the record Barmaid, I'm a 'her', not a him lol x
SOrry, TLG, I generally use "him" but take the view that that is interchangeable. Otherwise I end up spending ages writing answers that say Him/her/them.
oh, I'm a protocol 'droid as you probably guessed .....

1 to 15 of 15rss feed

Do you know the answer?

Claim On Estate

Answer Question >>