Meet the Other Phone. Protection built in.

Meet the Other Phone.
Protection built in.

Buy now

Please or to access all these features

Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Who is liable for legal costs in the case of intestacy?

7 replies

Buxtonstill · 15/01/2019 07:59

A relative of mine recently died intestate. I have never met the relative, and was tracked down through social media by a friend of theirs who has been attempting to sort out their affairs.

This person was my dad’s cousin ( DFdeceased) and share a grandmother, although the grandfather is not listed on my dad’s mother’s birth certificate (illegitimacy) but is listed on her marriage certificate, so in effect my is a half cousin.

We believe there may be a full cousin/s around, but have been unable to trace them.
Friend of relative says they now have to hand everything over to me as next of kin and nearest relative. They say I will have to appoint a solicitor to try and trace relatives, etc. If I were to do this, would I immediately become liable for solicitors costs? There is property involved that would cover solicitors costs eventually, but at the moment I don’t have a few thousand in reserve. If any full blood 2nd cousins are traced then they would inherit over me.

Only other option is to tell friend of relative to just hand everything to the crown, and it will end up on a bona vacanta list (and heir hunters!!) in 10 years time.

I don’t want to abandon the matter, but at the same time I do not have spare money floating around to appoint solicitors. Would I now have to now have to register for a grant of probate too?

Please can anyone offer any thoughts or advice?

OP posts:
GOODCAT · 15/01/2019 08:03

Solicitors will only charge you once the estate has been realised i.e. after probate has been obtained so if you are sure there are assets in the estate go and speak to one. They will take their fees from the estate.

HermioneWaslib · 15/01/2019 08:06

A solicitor can employ a firm like those seen on heir hunters. Costs will be paid from the estate (so depends how much money we are talking about whether it’s worth it or not). I’d ask to have everything from the friend and have a look for yourself to help make your mind up.

IWannaSeeHowItEnds · 15/01/2019 08:12

You are not actually obliged to do anything if you don't want to, so if there were no assets or there is any doubt you are next of kin, then you can steer clear. Sounds like friend has bitten off more than they can chew and now wants to pass on responsibility to someone else.
Be aware that once you start taking money from an estate to settle bills, you are deemed to have interfered and can be held legally liable if you prioritize the wrong creditor. Also the person who arranged the funeral is the one who holds the contract with the undertakers and will be persuaded for the bill, although funeral expenses have first claim on an estate. I was advised to steer clear when my relative died (they had no assets though, but did have bills).
Before you touch this, get legal advice

Buxtonstill · 15/01/2019 16:41

Thank you everyone. The representative dealing with the estate has done everything they can in their power to trace relatives, but cannot move onto the next stage as they are neither a relative nor named executor. After debts have been paid there is an estimated £1-150k estate left. I will try and see if I can find a solicitor who can give me a free consultation and advise me. If I don’t put myself forward then I suppose the governmentssolictors will just have to manage the estate and the treasury will get the money.

OP posts:
ReflectentMonatomism · 15/01/2019 16:49

Friend of relative says they now have to hand everything over to me as next of kin and nearest relative. They say I will have to appoint a solicitor to try and trace relatives, etc.

That's bollocks. You can are perfectly entitled to do absolutely nothing, as you would be if you were appointed executor of your parents' estate. You never "have" to do anything with regard to estates. If you don't have a substantial interest in an estate, or some overwhelming emotional tie, don't get involved.

HermioneWaslib · 16/01/2019 09:21

If you want an easy way of doing it, a firm like www.co-oplegalservices.co.uk/probate-solicitors/ (but consider shopping around, perhaps once you’ve had an initial call with coop to see where you stand) will make it quite easy and their costs will be deducted from the estate. If they won’t accept it as you’re not executor or official next of kin, ask a firm like www.findersinternational.co.uk/our-services/ to accept the case on a contingency basis (they will keep a cut of the estate and find all next of kin, but I don’t know how the actual estate administration proceeds from then on).

redastherose · 19/01/2019 16:28

As they died intestate you should be able to apply for Letters of Administration as nearest known relative. This is fairly straightforward to do in person. Once to have that you would have the ability to place the property on the market with an Estate Agent. Once a buyer is found you can instruct a solicitor to deal with the sale of the property (you usually only have to pay a small amount of money on account to the solicitor and they may waive that or reduce it to the minimum in the circumstances. The Estate Agents and solicitors cost can be paid from the proceeds of sale. Once that has been done you would hold the balance of funds on Trust for the Estate and could use the funds to instruct a firm who specialises in finding heirs. Any expenses you have to pay in advance would be reimbursed from the Estate.

However, as pp's have said you don't have to do anything at all and can just wash your hands of the whole business if you wanted to.

New posts on this thread. Refresh page