Will with Solicitor for nearly two years.

[discovery101]

My ante died in late 2015 and did not make a will but left a substantial amount of money and I have been included in the estate. To date the will has changed solicitor hands twice on the request of my other ante (my ante sister) that is still alive.

Is it normal for this process to be dragged out for so long? the couple of times I rang the solicitor I was told that its still ongoing and the dept of SW will be making a claim as she was on a non contributary pension.

any info would be great.

 

[Thirsty]

There's a contradiction in your information.

If your Aunt died with out making a will, she died intestate. That means her estate is divided according to the rules set out. In which case if your Aunt had surviving siblings then the estate is divided between them and you are not a beneficiary, unless you are the surviving child of another sibling?

Then you say that your Aunt did in fact make a will?

Can you clear that up first?

Edit to add:
Also in regards to the SW issue, there's only two ways this would apply.

1. Your Aunt did not fully declare her means to SW when she was alive.
2. Some payments continued after her death, if SW weren't notified quickly to stop the payments.

Item 2 should not be very much money, it's refunded to SW once probate is completed.

Item 1 is a bigger issue and there could be a substantial clawback.

 

[discovery101]

No she did not make a will.....she had no family I am a nephew.

really what i want to know is it normal for the process to take this long?

 

[Easel]

My ante died in late 2015 and did not make a will but left a substantial amount of money and I have been included in the estate. To date the will has changed solicitor hands twice on the request of my other ante (my ante sister) that is still alive .

This would suggest that she had surviving siblings? If this is true and she died intestate then you are not entitled to anything.

 

[mathepac]

She died intestate so the proceeds of the estate will be distributed along bloodlines after all taxes, fees and outstanding debts are paid.

As a very simple example, if your late aunt had two surviving brothers, each would get 50%. In the case of one of those brothers being deceased and he had two surviving children, each would get 25% or 50% of his 50%.

Two years does not sound very long in a case of intestacy. My late aunt's estate took more than four years to finalise.

 

[T McGibney]

The elephant in the room here is surely "the dept of SW will be making a claim". Nothing will happen until this is either finalised or resolved.

 

[Marsha25]

I suppose if she had a substantial amount of savings and hadn't declared it to sw and was receiving full non contributory pension then there could be money owed back. If she had declared it and was receiving the pension on that basis, then all that should be owed back is any overpayment of pension received after she died.

Which of your parents was her sibling? Is that parent still alive? If so any inheritance will go to them.

Have you spoken to your aunt to see what the state of play is?