Intestate

[K.Northwood]

I have been told that my aunt was going to make a will and leave me in it. I wrote to the will people and they said she died in intestate they sent me a form that show my uncle being the administrator, should my aunts estate be equally split between my two uncles and my mom how can I find out if this was done fairly and would I still be able to do anything about it, My Aunt died in 1977 my uncle had his grant letter in 1978 and all brithers and my mom are now dead. so how do I find anything out.

[factor-fiction]

So is the uncle now dead ?
Can I also check- do you think that when your aunt died in 1977 you should have got something then?.. or only after your uncle died?
Do you think Uncle suppressed the will in 1977?

[bednobs]

the assests of your aunt would have distributed under intestacy rules:
http://www.whitingandpartners.co.uk/content/in testate_estates.htm see here.
i am not sure what the law was in '77 though

[K.Northwood]

Yes I do think my husbands mom should have got something and the other brother. No sister or brother longer lives and yes I do think the uncle supressed the will

Thank you

[K.Northwood]

Thank you for the link, all evidence and law states that it should have been shared equally between the surviving two brothers and one sister, but how do I prove this was done when they are all dead. the children of these are not aware that it was shared out and we havent approached the family of the brother who was named on the grant letter has having received the entire estate yet.

thanks for your help

[bednobs]

i think it's going to be very very difficult, time consuming and possibly very expensive to look back over 30 years ago to see what happened. My advice to you would be to forget about it . Even if you did manage to establish that the will was suppressed (although i can't see how you could) unless your aunt was a very very wealthy woman, the amount of money her assests would have been worth 30 odd years ago would be like a drop in the ocean today - for example a bequest to you of �1000 might have seemed exceedingly generous then, but nowadays, it dosent sound like very much. Similarly, when my parent bought their house in the 70's it was �12,000, - a huge investment for them, whereas if they were to sell it today it would fetch about �175 000, so if she had assests such as a house, it seems to me like a lot of work for a very small return (especially if it was split in 3) Your q dosent make it clear as to whether the uncle you refer to was her husband or her brother?

[K.Northwood]

It was her brother. The money was over 60,000 in the land that she owned, over 30 acres and a house and other assetts.

[bednobs]

YOu could easily instruct a solicitor to act on your behalf. However, do you know how much your aunt was planning to leave you? it seems that if she were splitting up her assets between her brothers and sister, then yours would only be a proportion of 20 000 which could very easily be spent trying to contest it, whether you win or lose, you could at best end up with nothing and at worst thousands of pounds in debt. Also, have you considered the consequesnces in the very unlikely circumstances your suspisions are proved right? scenario 1 is that the "wicked uncle" spent all the money in his lifetime - you can't sue a dead man scenario 2, he still had the money and it passed to his children/family innocently when he died. you win, and they have to become bankrupt/sell their houses/have nothing in order for you to get you hands on the money which they have bought houses with etc.

Tbh i think you are on a hiding to nothing here. Quite often people might say they are leaving so-and-so in their will, but never get round to making it cause they dont expect to die! - human nature i'm afraid.

[bednobs]

also meant to say, the only way you can prove a will was suppressed is to find it. If someone has genuinely malign intent the first thing they would do would be to destroy it

[K.Northwood]

Thank you every one including bednobs all your information has been very good. I think I will drop the enquiry now. thanks again everyone, Cheers Kim