Will/probate - estranged parent

S

ss**

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hi folks,

I have been estranged from my father (only child) since i was very young, (divorced from my mother also). He died last year and I haven't heard anything about a will. He did have his own brothers and sisters.

I have rang the probate office a couple of times but no will has been lodged to date.

What should i do to see if there is a will? Is there a time within which a will should be lodged or what should i do to bring this to a conclusion?

Any ideas or suggestions welcome, (want to avoid going to solicitor unless i have to as costs are outside my means)

thanks
ss
 
You should go to a solicitor immediately. You may have a case to challenge a will, if there is one, or be his heir, if not.
 
If you've been estranged from him for your entire life, why do you think there will or should be anything in the will for you?
 
dereko1969 said:
If you've been estranged from him for your entire life, why do you think there will or should be anything in the will for you?
Click to expand...

It is precisely in these circumstances, where someone has failed to provide adequately for their child during their life, that a child may well have a claim on the estate.

Where someone has brought up their child and provided for them during their life, that child has no automatic claim on the estate where there is a will.

It depends on the circumstances and OP should see a solicitor for advice.
 
Im not really concerned whether there is or not anything in the will, it is more that it is closed out and i would like to know what has/has not happened..

My info request is not really about my entitlements, more about finding out is there a will, if there isnt what happens and should i ensure his estate is disposed of properly and what are the timings/steps involved.

Strange I know that after being estranged for so long I should care but I just want to make sure it is handled correctly and his other relatives dont seem to have done anything or at least have not lodged anything in probate.
 
I assume that you are your fathers only child as opposed to the only child from the relationship with your mother?

First thing is that there may be no Will. A very high percentage of people have no Will. He could have died intestate.

If he never remarried and you are his only child, then you are his next of kin. Therefore, if he died intestate, you are the only person entitled to get a Grant of Administration to handle his estate. As the only next of kin, you may also be the sole beneficiary.

So, there is a good chance that his estate/affairs are sitting there waiting for you as the only next of kin to sort them out.

You need to be a lot more proactive about this. You need to talk to his siblings to see if they are aware of the existance of a Will and/or can tell you who his regular solicitor is as they are also likely to know of the existance of a Will. If siblings/solicitor are unaware of any Will, and after searching through his papers there is no evidence of any Will, then you have to proceed as if none exists and start the Grant of Administration process.

In summary, the reason you may not have heard anything is because everyone is waiting for you as next of kin to sort out his affairs.
 
thanks, thats good advice..will be interesting as i have never had any relationship with his sibling and i understand she handled most of his affairs for him..anyway sounds like i have a long road ahead particualry if he died intestate to even find out what his estate is?
 
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