14/06/2011 07:37:52
 baahlamb Posts: 2
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My father died before his Mother. When my widowed Grandmother died in 2007 my Aunt (the only sibling of my father) sorted out my Grandmothers estate. I assumed she would produce the will, which the entire family knows about, and go through the proper channels. It seems that my Aunt was granted administration claiming intestate within 2 months of the death and then just kept everything for herself ( I have a copy of the grant of administration). Apart from the fact that there is definitely a will registered with a solicitor somewhere, I'm sure that my aunt is suppose to share the inheritance with me and my brother under intestacy rules. The reason I haven't looked into this sooner is because i assumed my Aunt would have produce a will which states all grandchildren are to inherit at 35 yrs of age of which there are four (my aunt has 2 children) I am now trying to locate the will which I believe to registered at the same solicitor that my deceased Grandfather used. I'd like to know what further steps I could take, i.e- Who should I be contacting in the case that find a will? Who should I contact if I don't find a will? How can i find out the value of the estate?
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13/07/2011 12:05:29
 www.clicklegalservices.co.uk Administrator Posts: 374
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You have to find a valid will. It is worthwhile writing to local solicitors to see if they hold anything. If you can find a valid will, then you would have to apply to the Court to set the Grant of Letters of Administration aside, and for the Will to be admitted to probate - and thereafter the estate administered in accordance with the will. This will be costly and time consuming. You say that the whole family knows about a will - but with respect, clearly they do not otherwise your grandmother would have made its whereabouts known?
I may stand to be corrected here, but our understanding is that if your Grandmother left children (but no spouse) the estate would fall to be divided equally between the children - (i.e. assumed to be only your father and Aunt) and if your father no longer lived, to his children (who effectively take his share equally). It would seem to be the case that you would have a share of the estate anyway under the intestacy rules. We will post again if this is incorrect, though. The Grant of Letters of Administration which vests the estate in your Aunt's name has to give particulrs of the estate so you could make an application for a copy of the grant to the Probate Office.
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13/07/2011 13:12:03
 baahlamb Posts: 2
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I know that under the rules of intestacy my Brother and I are beneficiaries and I have been searching for the will. I believe my Aunt and my Father were bless with the knowledge of the wills whereabouts as they are named executors. My aunt has moved house without informing anyone and I'm having trouble locating her. I've written and called so many solicitors I've lost count. I already have a copy of the grant of administration, as stated before. I have learnt a lot about probate, intestacy law and wills since I wrote the last post, But locating my Aunt is another matter. She could be in Thailand for all I know. I think this is a lost cause.
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