Probate

[Tarnwater]

Hello,
My mother's niece died in 2015, and her name came on the Bona Vacantia list for unclaimed estates. I wrote to them asking if the estate was still outstanding, and was told that someone else had made enquiries, and they were going to be the executor.
To my knowledge both the parents are dead, and the person hadn't married or had children. Bona Vacantia would only supply an address for the executor, no other information. I wrote two letters asking for information about the deceased, but have not had any reply.
What action would you recommended ?
Thank you

[dawnsh]

Hi Tarnwater

The administrator dealing with the estate doesn't really have to talk to you at all as you are not the potential entitled beneficiary. They should be speaking with you mother if she is still alive.
The rules of intestacy for England & Wales are here

http://www.titleresearch.com/getattachment/Resources/Rules-of-Intestacy/Guide-for-next-of-kin----Laws-of-Intestacy-in-E-W.pdf.aspx

There is some information here further down the page

http://www.titleresearch.com/resources/heir-hunters-advice-guide

If your mother is entitled, they should be in touch with her in due course.

[Tarnwater]

Hello dawhsh
Thank for your advice, I shall order a value of the estate and executor details.
It is unlikely that the executor will get in touch with my mother, as he/she did not reply to my letters. Something is not right with the way the estate has been managed.
Thanks again,
Brian

[dawnsh]

Hi Brian

If your mother is entitled, she will be contacted when the estate is ready for distribution. All the research time and disbursements such as certificates are chargeable to the case and the value will dwindle.

This can take many months, depends on how many people the administrator has to find and where they are in the world.

If you have written on your mother's behalf, then the administrator has most probably made a note of her address and other details in their files. Yes it is a poor show that no-one has contacted your mother directly but they may have no need to yet.

If your mothers niece was an only child,unmarried, without children, then research has to be carried out on both the mothers and fathers sides of the family. Do you know how big the other side of the family is?

To be honest, there is no point in you seeking and paying for more information, you have the administrator's details (there won't be an exexcutor if she died intestate) from the Treasury Solicitor.

[Tarnwater]

What is to stop the executor ( who may be a 2nd cousin) from just keeping the estate for themselves, how would anyone else that is related know.

[Jebber]

Documentary evidence of all legitimate heirs, together with certificates have to be provided  before any of the money is released by the government, the rules are very strict.


Jebber

[jbml]

What is to stop the executor ( who may be a 2nd cousin) from just keeping the estate for themselves, how would anyone else that is related know.

Because the administration of estates is subject to oversight by the Courts. You apply to Court for a Grant (or probate or letters of administration); you have to prove to the Court (a) the death, (b) the will (if any), and (c) your right to be appointed as executor or administrator; and if any beneficiary does not believe that the estate is being or has been properly administered, then they are entitled to make an application to the Court for an Order that the administrator or executor pay them their entitlement.

No such application can be made in the first twelve months (known as "the executors' year"), as this is considered to be a reasonable time in which to carry out the tasks of administering the estate. But once the year is up, the Court can be asked to intervene if the estate is not being properly administered.

[Tarnwater]

Hello jbml,
That is very interesting to know, I shall make further enquires as the person died in January 2015, and the executor has had their year.
Thank you

[jbml]

It's a year from the grant ... not a year from the death.