Died without a will

[LumpyPumpkin]

My partner's grandmother died about a year ago. There was no will. She had no spouse and no surviving children (my partner's Dad died a few years before).

My partner has 2 sisters. As I understand it, as there's no will the 3 of them would be the beneficiaries, and get equal shares.

My partner and his younger sister don't know anything about what's happening. They've not been contacted by anyone about the estate. The older sister has supposedly been dealing with it all and occasionally chases the solicitor for updates.

Can my partner contact the solicitor themselves and ask for an update on what's going on? My partner seems to think that as the older sibling, his sister is only one who can deal with it. My partner thinks his sister is the executor but I thought executor was someone who dealt with the will and there wasn't a will.

Also, how long does an inheritance usually take to be paid out when there's no will? Not sure how complicated the estate is but there's no property, just savings in the bank as far as I know.

Thanks

Your partner is right, the term executor applies to somebody appointed in a will to carry out its terms.

However under intestacy somebody, or a couple of people are appointed under what are called Letters of Administration to administer the estate. Once appointed there's not much difference between an Administrator and Executor.

Who appointed the Solicitor? I assume the sister who's taken the lead but not 100% clear.

There's no harm, as a beneficiary, in approaching them. You're not their client but I'd expect them to give you the time of day and an update on what's going on. Indeed I'd expect them to.

Certainly on the two occasions I've been a beneficiary but not, as for my parents, a co-executor the solicitor acting as/for the executors were in touch with me throughout.

Someone has to administer your partner's grandmother's estate and distribute it in accordance with the intestacy rules. Technically, that person is an administrator, not an executor, but their duties are the same. If your partner's older sister applied for Letters of Administration, she is the administrator and is the only person who can administer the estate.

The solicitor is not the administrator/executor. They are not obliged to answer questions from your partner, although they may do so. However, they will charge the estate every time they answer a question. He should ask his sister first.

Administrators/executors are often advised that they should not start distributing the estate until one year after the death of the deceased. This gives them time to make sure that all potential claims against the estate have been met. If they distribute the estate without going through the proper process, they may find themselves personally liable if any claims emerge.