Probate applications

[Goldenbear]

Please can someone advise me on what happens in the following scenario:

A person dies in a care home from dementia, their Will probably only names their only child as the beneficiary. However, this person dies 12 months prior to their parent dying and due to the dementia the will was most likely not changed to reflect that. The person who would've been the beneficiary had no children or partner to leave their own house to. So there are two houses that no one will seemingly inherit. In this scenario the local authority that provided the care home have put the first house up for sale to recoup their unpaid fees and expenses. Does this mean that the local authority have instructed a solicitor. In this scenario who applies for probate, does it have to be a relative and if this is not done does the money sit in limbo or does any inheritance eventually go to living, closest relatives?

It is 18 months since the death of the person in the care home and the name is not on the Probate records.

Is their name on the bona vocantia?

Did they have siblings that may still be alive, or nieces and nephews ? They would be next in line once all her debts are paid.

I am not sure what you mean by name on bona vacantia, sorry but whose name are you referring to?

No, they didn't have nieces, nephews or siblings, only cousins.

Thanks for help

Bona vocantia is the list of unclaimed estates if you Google it there is an excel spreadsheet full of names of folks that don't appear to have an immediate heir. It's where Heir Hunters get their work from.

Sorry corrected - person is a niece and cousin. Niece of the person who had dementia and probably didn't change their will following the death of their child.

Thank you ArnoldBee I was actually thinking of that programme. My mother is the niece and cousin. One of the properties was claimed by my great uncle on returning from fighting in WW2 with his new wife. It was my Great Grandfather's house but he had died of cancer during the war and my uncle claimed the house and told my grandmother, great grandmother, great aunt to leave, even though it was their home as much as his. Obviously, this has no legal relevance but this is the context and explains why they weren't close. My great uncle was not a nice person but my mum's cousin was lovely and they were very close as teenagers and young adults.

I can't see their name on that list that ArnoldBee refers to. Do you know why their would be such a long delay (18 months since the death of my great aunt) in not listing their will on the probate register?

My own grandmother's wasn't done for 7 years as there's time limit as far as I know. The only limit is wanting to release funds/property.

Someone will inherit - whoever the closest living realtive is.

Is your mother the closest living relation to the will's beneficiary? Or as far as she knows? If so, I think she should contact the council who are selling this house, and ask under what legal right they're doing it - even if they're owed fees, I would have thought that the estate is usually dealt with by a family member before paying it over. Maybe they've found a closer relative or an alternative valid will, or something.

If no one comes forward to administer an estate a creditor can do it. I would contact the council.

Presumably la had a charge on the property. Remaining estate would be divided between closest relative/s. Bona vacantia is for those dying intestate or with no surviving named beneficiaries, where family is not identified.

www.gov.uk/inherits-someone-dies-without-will/y/england-and-wales/no/no/no/yes

If the deceased had a brother or sister they would inherit, or their children if the pay have also passed.

Someone needs to apply to for letters of administration and once received needs to apply for probate

None of this will happen by itself or by the council,it needs to be actively followed up by the family.

If there's a will, there must be an executor. You need to speak to this person first. I think you also need to speak to a solicitor.
I don't see how, in law, the council can just sell someone's house - it's not theirs to sell. If they are owed money they would put a charge against the house, surely?