Intestacy rules

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Hi
Hoping someone could kindly point me in the right direction here
A passed away in the last 5 months. There was no will and as such, intestacy rules apply.
A had 3 children. One of the children has cleared and closed the bank accounts and is refusing to split the estate as per the intestacy rules with their siblings.
I understand that there are 6 months from the date probate is granted to take action. When does the clock start if nobody applies for probate?
I have had some initial legal advice but the costs of pursuing this is likely to exceed the value of the estate. No insurance on household policies etc.
Any advice would be appreciated
Thank you

The 6 months from probate time limit is for Inheritance Act claims. That is not what we are dealing with here.

A claim for breach of trust must be brought within 6 years of the breach. However, in order to ensure that the claim can be pursued, it must be brought as soon as the breach is identified.

How was the person able to close and empty a bank account if there was no Will, maybe the banks fraud department can help.

Thank you
That's really helpful. Do you know whether we would need to instruct a solicitor or whether this is something we can do ourselves?
Thanks again for your help

We've already made enquiries with the bank and they were happy with the documents that were provided when the request was made unfortunately. Quite concerning really!

You can always represent yourself. However, I would recommend at least talking to a solicitor to make sure you have a case and are heading in the right direction.

I agree talk to a solicitor, the cost of a legal letter to the thief sibling is likely to be a few hundred pounds and may be enough by itself to get them to divide the estate properly. Personally, I’d pursue it through courts and even if cost is more than estate, you can request the offending party pay the legal costs- so thief sibling will be out of pocket as they should be.

What's the estate worth?
What are they saying about why they won't share the estate?

Was it a joint account or did sibling have permission to close the account, do you know what documents were given to the bank and how much the estate is worth.

Thank you for your advice

I suspect it would be cheaper and less painful to go after the bank. Raise a complaint and make a nuisance out of yourself if you have to. They have paid your money to someone it doesn't belong to. If their procedures allow their staff to do that, it's on them.

That is unlikely to get the OP anywhere. It is not up to the bank to ensure that the deceased's estate is distributed correctly. Even if the OP's sibling did not get letters of administration, each bank sets a limit below which probate is not required. If the deceased's accounts held less than this amount, the bank was entitled to release the money to the OP's sibling.