Parental Estate war

Hetty, I don’t want to be rude but in the OP’s interests I must say none of that is correct. I am as you probably know a retired solicitor.

Anyone can 'place papers' at a magistrates court - but I really doubt they'll be served. You can't challenge intestacy in the same way as a will.

Possibly, a claim could be made under the Inheritance Act - but financial dependency would need to be proven. Still, six months after probate is granted, time's up and it's settled.

Your brother will have to give good reasons why he should have it all, maybe they are true maybe not, it up to you to prove that his claim is untrue.

Sorry youre going to have to fight in court for your share, either way it’s going to be expensive, best bet is to find out why he is claiming it all then argue your case and agree a compromise “out of court”, you will need a solicitor.

Paddyanne exactly the same happened to us. We were left to sort through a pile of stuff (junk) in the sitting room and SIL had taken everything else, even gifts that we had given MIL.

However, not my family and MrOops accepted it with a shrug.

paddyann54

Seems a will brings out the worst in some people ,my SIL has grabbed all of MIL's jewellery despite knowing MIL wanted it split between us ..with a list of who gets what for our children and gc
.MIL was very organised and had everything sorted years ago even telling my daughter what she and her girls were to get with regard to the jewellery
.SIL says its HER mum so ts hers.I'm not about to argue with her over it but it has left a very bad taste .My OH says its just jewellery but the girls loved their granny/great granny and would love a wee keepsake .

After a SiL’s mother died, the wife of the woman’s grandson (so no blood relation) swooped in and took all the jewellery!

I’m delighted to say that they made her give it all back.

In the absence of a will, surely there are strict rules as to how the assets are dished out? At least, from all I’ve ever seen on Heir Hunters, there certainly are.
I suspect that your brother will be shelling out legal fees to no avail.

Not the point, I know, but why on earth do older people not make a will? You can perhaps understand someone younger who’s died in an accident, but why anyone of middle age plus doesn’t bother, I don’t understand.

The intestacy rules are clear, but someone who has been financially reliant on the deceased may be allowed to claim more than they would otherwise have received. If the brother has issued proceedings he may have been advised that he has a case. We don’t know the whole story, as Mandrake wisely says. We only ever hear one side of the story.

This is why a will should always be left ... hard I know ... very difficult ... always say worse comes out of people with weddings & funerals ... so true ... although people can always get some of the stuff if they have a key before will is read ... always be one occasionally is the money grabber ... hope you get it sorted ASAP

The intestacy rules are set, crystal clear and there's absolutely no arguing with them - so he's just being awkward - and wasting his time and money:

www.gov.uk/inherits-someone-dies-without-will

I'll reserve judgement until we know why he thinks he should get 100%. Sometimes on the outside things can look unreasonable until you hear the details of a situation and it suddenly makes sense.

Is there a reason he thinks he should receive 100%?

Seems a will brings out the worst in some people ,my SIL has grabbed all of MIL's jewellery despite knowing MIL wanted it split between us ..with a list of who gets what for our children and gc
.MIL was very organised and had everything sorted years ago even telling my daughter what she and her girls were to get with regard to the jewellery
.SIL says its HER mum so ts hers.I'm not about to argue with her over it but it has left a very bad taste .My OH says its just jewellery but the girls loved their granny/great granny and would love a wee keepsake .

My husband is also having similar problems - his Dad has always assured him of an equal split between him and his sibling, but the sibling has co-erced his Dad into leaving far more to that side of the family. All done deceitfully and without my husband's knowledge.

Was your brother financially dependent on your mum?

Unless of course he thinks you have all had money & he didn't

How selfish is he ? How can he think he is entitled to it all ? No doubt your mum would want her estate shared equally, my mum didn't have a will although didn't have that much to share, no not moaning at all , but this was shared equally between my brother & myself, had a solicitor as different things to sort out, both had a cheque each ... your brother could be trying it on ... why would he think he should have everything , as they say ... money is the root of all evil ... so true is this !

Sounds like your brother has adopted the old fashioned attitude that the male offspring inherits the lot - what a silly spiteful greedy individual! He deserves to be excluded From m the estate totally!

Why aren’t you and your sisters sharing the cost of a decent solicitor?

All sounds a bit odd! He must know that if there is no will, he and his siblings will inherit an equal share. Why is he being so awful?

I would try not to worry about this Treetops as there's no way he'll successfully claim 100% of the estate and if your solicitor is behind with the case, your brother's probably is too.

Your brother must be aware of the law.
He's just trying it on.

Thanks all, no we are aware he would get an equal share, and are happy with this he is however not. Our CAB, has weeks of waiting for an appointment, and at 250ph I can't afford an appointment with another solicitor. I asked locally before this appointment...but he hasn't even read the papers he requested I send.

You need a solicitor who knows what he or she is doing!
It seems to be fairly straightforward.

www.citizensadvice.org.uk/family/death-and-wills/who-can-inherit-if-there-is-no-will-the-rules-of-intestacy#:~:text=When%20a%20person%20dies%20without,is%20called%20an%20intestate%20person.

I very much doubt your brother would inherit everything but in the absence of a will, I would have thought it unlikely that he would get nothing, which your OP seems to suggest Treetops.

I would think that the estate will be equally divided between all your mother's children.

New lawyer is needed, good luck!