totaling approx £250,000 she is planning on keeping £200,000 and sharing the remainder between the other five in the family ,how do i get my fair share ?
2006-12-26 08:21:03 · 10 answers · asked by ALLAN B 2 in Politics & Government ➔ Law & Ethics
we all reside in england
2006-12-26 08:43:57 · update #1
There is no such thing as a power of attorney for a deceased person. It appears your sister may have been appointed administratrix in the absence of a will. In England (but not Scotland) there is complete freedom of testation (designation of legatees of a will). (If we knew the name of your uncle we could search the Probate Service and perhaps be more helpful. But I would not suggest you post anything in a public forum.)
File an objection with the probate court, explaining what you have told us. The court will order distribution in accordance with the law, after all debts of your uncle and costs of administration have been paid. As one of the heirs, you are certainly entitled to an accounting.
At £250,000 the estate is just below the £285,000 figure for IHT (estate taxation) but your sister will still need a release from HM Revenue and Customs. The procedure for English (I assume you are in England and not Scotland, where it differs) is here:
http://www.hmcourts-service.gov.uk/cms/wills.htm
You don't necessarily need to hire a lawyer but you will have to use the form pattern normally used in the court. The clerk of the court can give you a model to work from, and you can use your own words. It's the heading of the paper, and the first paragraph perhaps, that has to follow the customary pattern.
Naïve Americans are telling you to sue. They don't know that here in England the loser has to pay the court costs AND the lawyers' fees of the winner. And that England, litigation is the most expensive in the world, with solicitors and barristers charging astronomic fees. Remember Jarndyce v. Jarndyce, in Dickens' Bleak House? Court costs in a will contest that lasted over a couple of generations wiped out the family patrimony.
2006-12-26 08:25:42 · answer #1 · answered by Anonymous · 8⤊ 0⤋
Nah, that's wrong, she is having you on. It is more likely that your sister has been appointed as the executor of the will. This doesn't mean she can do what she wants, it means it is her duty to ensure your uncles wished are being carried out as per his will. This is generally done also in conjunction with a lawyer to advise and ensure things are being done legally. Try to get a look at the will, and if you feel his wishes are not being carried out then you probably have a case to get the courts involved. It would be a good idea to firstly establish exactly what role it is your sister has.
2006-12-26 19:42:07 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Hi Allan,
Everyone is assuming your uncle is deceased. Normally if there is a power of attorney then the individual is still alive. This being the case, is your uncle capable of issuing such instructions? Is there anything in writing that you can look at?
Personally, I would have a little private talk with your sister and suggest to her in the strongest terms that all the money be divided equally.
If he is deceased then look at what Andy has told you.
Good luck.
2006-12-27 11:08:40 · answer #3 · answered by LYN W 5 · 0⤊ 0⤋
This would apply in the US
If someone dies "in testate" (without a will), probate court will decide to whom and how much each family member will recieve.
If there is a will, the executor of the estate will be bound to distrubute the proceeds as outlined in the will and cannot simply take what they want and give as they feel necessary.
If the sister is sole heir to the estate, there is little you can do about it other than to take her to court.
I would assume the rules to be similar in GB
2006-12-26 16:26:50 · answer #4 · answered by ©2009 7 · 1⤊ 0⤋
Woah thats messed up...
Contest the decision in court, thats what the power to contest decisions are for..
I'm sure the uncle wouldnt want £200,000 going to one person and £50,000 to be split up between five people.
If he had a will that said anything about it that would help.
Sorry, I dont know a lot about english law though.
2006-12-26 16:25:31 · answer #5 · answered by Ethernaut 6 · 0⤊ 0⤋
Court
2006-12-26 16:23:14 · answer #6 · answered by flip4449 5 · 0⤊ 0⤋
Your uncle's wish was for your sister to decide. He may have had certain reasons for choosing her, and chances are it was discussed between them two before he died. He may have wanted her to keep all of it.
The same thing happened with my uncle and my grandmother's estate, and we couldn't do anything about it. We didn't like it, but you have to respect people's dying wishes.
2006-12-26 16:29:04 · answer #7 · answered by ? 6 · 0⤊ 0⤋
Get a lawyer.
2006-12-26 16:24:57 · answer #8 · answered by bubu 4 · 0⤊ 0⤋
Sue her... but be ready to present evidence you were a nice nephew...
2006-12-26 16:26:55 · answer #9 · answered by Gunny T 6 · 0⤊ 0⤋
shoot her
2006-12-26 16:33:10 · answer #10 · answered by Anonymous · 0⤊ 0⤋