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INTESTATE DEATH IN MY FAMILY

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ProfilePosted byOptionsPost Date

SylviaInCanada

SylviaInCanada Report 15 Sep 2009 04:34

OH got an inheritance about 20 years ago

It turned out to be from the surviving sister of 2 who had never married in their family but they had accrued quite an estate.

They wrote their will leaving money (in x number of parts of the estate) to each of their cousins (about 18 of them).

OH's father was one of the cousins, but as he was dead, his "part" was divided into two and passed onto OH and his sister.

We were all in Canada by that time ......... but fortunately there was a solicitor who was on the ball and managed to trace us over here.


it does seem that one-third is one h*ll of a lot for the company to claim!




sylvia

Purple **^*Sparkly*^** Diamond

Purple **^*Sparkly*^** Diamond Report 15 Sep 2009 03:04

I too feel they put a lot of work into tracing the beneficiaries and they might never know of the money if this didn't happen so it's only fair they get a cut.

Lizx

KathleenBell

KathleenBell Report 15 Sep 2009 00:20

I remember someone at Fraser and Fraser on the television programme saying that they only tell the relative who the deceased is if it is a very close relative (like a sister, brother etc.) If it is a more distant relative they wait until the person has signed with them. Apparently they are quite within their rights to do this, as this is how they make their living and have often spent an awful lot of time and money before finding relatives - sometimes months and months of work for half a dozen people.

Kath. x

Purple **^*Sparkly*^** Diamond

Purple **^*Sparkly*^** Diamond Report 14 Sep 2009 23:38

I thought from watching the programme they tell the person who has died, before they sign up, they sometimes leave the letters with them to think about but I am sure they have already given the details.

Keep us posted, please - we are all curious now.

Lizx

Fendweller

Fendweller Report 14 Sep 2009 23:29

As I understand it, as soon as one heir is identified by the Bonavacantia department, the Treasury solicitor ceases to be involved. (I don't think it is necessary for all heirs to make a claim to the Treasury.) Letters of Administration then have to be obtained in the normal way as in the case of an intestate death where heirs are known. If your sibling successfully applies to the court and is granted the Letters of Administration he is obliged by law to distribute the estate in accordance with the Laws of Intestacy. ( He might then get Hoopers to act for him - I am sure they will offer - at a price!)
I would feel inclined to sit tight and you should get your share anyway.It might, however, have been necessary for one person to go via Hoopers in any event, because in this case there seems to be no other way of identifying the deceased - you could then have agreed to share the cost of the commission.
Marilyn

JoyBoroAngel

JoyBoroAngel Report 14 Sep 2009 23:04

.bona vacantia
lists.is what you should be looking for to start with

JoyBoroAngel

JoyBoroAngel Report 14 Sep 2009 22:59

you claim claim this yourself without a company to help you
get the government list and check it out
check the married ladies if its a lady on your tree
and their maiden names
and see if they are on the list
or negotiate a lower percentage
try another company have contacted you as the bargaining point
GOOD LUCK

Chelmerfella

Chelmerfella Report 14 Sep 2009 22:17

Thanks to everybody.

was plain ann now annielaurie

was plain ann now annielaurie Report 13 Sep 2009 19:13

But then what does the Treasury Solicitor do? After all they wouldn't know who the beneficiaries were if Hoopers hadn't done their work, and what if they were wrong, as they occasionally are.

BatMansDaughter

BatMansDaughter Report 13 Sep 2009 19:01

Hi,

I really don't know how the system works, other than what I have seen on the TV. I would have thought that as soon as you are "signed" to 1 company they have a right to inform you who the person is........... surely this would be some part of a contractual obligation??

Maybe when your brother gets an idea of what inheritance he could be getting (minus his 33%) he may reconsider his actions.. especially if you and your other siblings offer to reimburse him 75% of the fees that he has lost???

You really need that name to claim for yourself.............. how damn frustrating for you!!! Talk about "carrott and stick", I think your hopes really are with your brother, even if his inheritance is £1000.00 losing £330.00 is alot compared to the £80.25 he could lose if he plays it your way.

I would definately put it to him, I don't see you have anything to loose that way were as he has alot more to loose. Why not say he could have his money and only have to fork out 8.25% in fees and see what he says???

Hope my maths are up to scratch. All the best, Dee x

Chelmerfella

Chelmerfella Report 13 Sep 2009 18:53

Hi Annielaurie. By law, Hoopers must declare to the treasury solicitor all beneficiaries located even if us other 3 siblings do not sign their agreement.

KathleenBell

KathleenBell Report 13 Sep 2009 18:52

I'm probably going to upset you now John, but I really don't mean to.

I think 67% of whatever the estate is is much better than 0% which is what you would have got if Hoopers hadn't done all the hard work of working out your family tree and then finding you.

If you've ever watched Heir Hunters you will have seen how much man power, time, petrol, hotel accomodation, certificates, etc. etc. goes into finding heirs. I think it is a bit much to call them leeches. They are a reputable firm and are allowed to name their price just as you have the right to do the work yourself. You are already finding out how hard it is.

Kath. x

was plain ann now annielaurie

was plain ann now annielaurie Report 13 Sep 2009 18:46

I don't think they will tell him who it is before the other beneficiaries have been informed.

Helen1959

Helen1959 Report 13 Sep 2009 18:32

Just a thought, why not got in touch with Fraser and Fraser and enquiry about their fee's. Another thought is why not try the BBC and see if they are filming another series of Heir Hunters and say you might be interested in taking part.

Chelmerfella

Chelmerfella Report 13 Sep 2009 18:19

Hi Dee, this is what my solicitor has suggested and upon talking with my brother last night he has already signed the agreement and posted it off, he just sees ££££ signs and has given this case no thought whatsoever. He has also intimated that once he finds out who the deceased is he has no intention of telling me or my other siblings who it is, he's one of life's gold diggers I'm afraid however, this is OK as far as I can see since Hooper's will have to disclose his details to the treasury solicitor by law and then my brother will have to sign a declaration stating that he is not aware of any other beneficiaries, this would be a fraudulent action but I'm also lead to believe that Hooper's must also declare to the solicitor that they have traced other beneficiaries who have not responded to their letter ie. myself, and that they will write to me advising me of my share of the inheritence. Please correct me if I'm wrong.

John

BatMansDaughter

BatMansDaughter Report 13 Sep 2009 17:47

Hi,

Just reading through your posting and I totally agree 33% is a riciculous amount to ask for this service......... however they have the name of the person and so it's seems to me at the mo that the ball is in their court.

Just a thought though.......... Hoopers want 33% of the estate, the estate is divided by 4, so lets just say for reasons sake the estate is worth £100'000.00, giving you a share of £25'0000.00 each... Hoopers are entitled to roughly £8250.00 of the 1/4 share.

Why not allow Hoopers to sign 1 of you up, therefore losing the £8250.00 and then you have a name to work with???

If you then reimburse £2062.50 back to the 1 person that signs them up all is fair????

Just an idea.............. would hate to see the Goverment get your money.


Dee xx

Janet 693215

Janet 693215 Report 13 Sep 2009 16:50

Yes 33% does sound a lot but...................... the search for heirs has obviously been going on for some time if the death occurred in 1998. There is also the fact that if Hoopers hadn't bothered to do the footwork you'd have lost 100% of the inheritence directly to the government and would have been none the wiser.

My Dad inherited a sum of money from his father's half sister's estate back in the 60's. It took the company two years to trace those entitled. Those were the days before it was all online and some of the people who were entitled had never set foot in the UK. Of course I have now found a whole bunch of others who also would have been entitled if the solicitors had had access to todays resources. I think the solicitors involved in my Dad's inheritence took about 30% in admin charges

Neat

Neat Report 13 Sep 2009 16:23

I thought there were fairly tight rules about who can inherit in the case of intestatey, namely spouse, children, parents, brothers & sisters, grandparents, blood aunts and uncles (ie not people who married into the family). When an uncle of my mother's died my mother and her siblings inherited but not the children of the deceased sister, although I think in Scotland they could.

Chelmerfella

Chelmerfella Report 13 Sep 2009 15:57

Thanks Janice, you're really sweet. I don't know 192.com? I'm chasing down all avenues including the avenue you have suggested :-)

John

Janice

Janice Report 13 Sep 2009 15:42

Was your grandfather married more than once, or father a child that wasn't his wife's? Trying to think of all scenarios!!