Time Limit on claiming inheritance

Z

Zimmerman

New Member
Messages
3
My uncle died 5 years ago without making a will. He had 2 sisters, one living and one already deceased. His deceased sister was my mother. His sister handled all his affairs after he died and said she inherited everything because she was his nearest living next of kin. After 5 years is it too late now for me to stake a claim for my mother's share and share it between my siblings. His house is still idle but I've been told that a cousin is planning to move into it.
 
Succession Act 1965
Shares of brothers and sisters and their children.
[See 1695 (c. 6) ss. 2, 3]		69.—(1) If an intestate dies leaving neither spouse nor issue nor parent, his estate shall be distributed between his brothers and sisters in equal shares, and, if any brother or sister does not survive the intestate, the surviving children of the deceased brother or sister shall, where any other brother or sister of the deceased survives him, take in equal shares the share that their parent would have taken if he or she had survived the intestate.


Six year time limit.

You need to get legal advice quickly.

mf1
 
As per above, you and your siblings are entitled to 50% of the estate. ie if you have 3 siblings, you would each get 12.5% of the estate or if you have one sibling you would each get 25%.
Speak to a solicitor asap. Did your aunt use a solicitor when doing probate etc? Seems extremely odd that this has occurred.
 
Thanks for the replies. My aunt was adamant at the time that it was all hers. She said she'd keep us informed but she never did. She was going to check out deeds etc. I hate stirring up trouble but I don't like being walked on either. Trying to decide today whether to visit the aunt and see what stage everything is at or make an appointment with a solicitor. At this stage I'd say whatever money was there is well divided up but the house is still sitting there empty. Where do I stand if she has the name on the deeds already changed.
 
1) Talk to a solicitor for specific advice on what steps must be taken.

2) But don't issue a solicitor's letter yet. Talk to your aunt first and see if you can resolve the issue. If she appointed a solicitor to help her with it, the solicitor would have advised her that she is entitled to only half of it.

3) But if your aunt is not cooperating, then take the formal legal steps required to assert your rights.

You need to do it before the 6 years is up, and ideally before the house is sold.
 
You need to stop dithering and take action. Make a decision to see your aunt this weekend. Don't tell her why. Have a list of prepared questions for her. So your get your mind focused on what you need to know. Your aunt will have required a solicitor in order to transfer the house into her child's name, or her name. If you do not get satisfactory answers you need to go to a solicitor on Monday. Do you know a solicitor? Poster MF1 above is one, you can contact them by pm if you want to engage him.

What is the month and year of death. Other than the house, do you know of any other assets. Was probate taken out. Are you sure your uncle died intestate. How much is the house worth +/- etc
 
You need to take action, immediately.

I would engage a solicitor first thing on Tuesday, then, after consultation, go and speak with your aunt - tell her that she misinformed you (no doubt but accident) and she will now need to make arrangements with your solicitor, to transfer appropriate funds, or assets.

I'd go on to tell her that you want it done formally, through your solicitor, to help you ensure that you are fully compliant with the law, possible tax issues etc. That may help soften the sting, but ensure it stays formal.

Do not agree to resolve without a solicitor, as you've limited time to get this dealt with, and it has clearly been mishandled, to date.
 
You must log in or register to reply here.
Menu
Log in
Register