Intestate question

[WingingItSince1973]

My dad died on Sunday. We didn't have a close relationship. I did try and keep up one with him but he was a stubborn man and I don't think really like me as we are very different people. My mum was a victim of dv and left him when I was a toddler (am 50 now). I had close relationship with aunties and grandparents on his side of family so saw him sporadically during my teens but nothing much during my adulthood. Anyway I was called to the hospital by my aunty and was with him when he died. He wasn't awake and I'm not sure if he knew I was there. So here's the thing. Aunty messaged me to ask if his name is on my birth certificate. It is and I sent her a screenshot. Now he didn't have a will and I'm and have been for the last 10 years his next of kin. No more children. He outlived his partner and they weren't married. There seems to be no legal papers anywhere to suggest anyone is next of kin. I'm being told now that a verbal agreement was my aunty and another uncle to have any money left over and treat myself and 3 others whatever that means. My aunty had a very close relationship with him along with my remaining two uncles. My question is would I be contacted regarding his 'estate'? He didn't own property and I have no idea of his finances. They are emptying his council house this week and have turned down my offers of help. There's also a chance now of compensation as he died with a condition bought about by his working environment and we are waiting for post mortem. My aunty wants to take over everything. Morally and legally what should I do? I'm not one for confrontation and it would be easier to give my aunty legal powers but then part of me thinks my dad owes me for never ever providing anything for me. I hate this though as I'm not at all materialistic but if there's a good amount of money it would really help my situation as I don't work due to illness and my poor dh shoulders the burden of earning a living and we live week to week. Sorry it's long. Hope someone can help advise what I should do xx

So sorry to hear that you are going through this.

At the end of the day, if your father has not left a will, has no parents, and no spouse, then anything he has will be split between you and any other children.

It sounds like is aunt wants whatever there is.

I don't really know what to advise about how to procede but I would suggest you get some basic legal advise.

I would assume you are entitled to sort his estate, and don't feel even a small amount of guilt for inheriting anything that IS LEGALLY YOURS.

It's NOT your aunts, (or anyone else, except your siblings) and if your father wanted to leave it to her then he needed to have made a will while he was alive.... Perhaps the fact he hasn't is "evidence" that he wanted it to go to you?

If he hasnt made a will, then the consequences are, that his children will inherit when he dies.

Dont feel any guilt about this...... This is what the law of the land dictates happens and that's absolutely nothing to do with you!!! It's just how it is.
Your aunt is very cheeky to even suggest you should gift it to her! How rude and presumptious of her to even think you might...

If your mother is still alive and if she was married to your father then she is the heir. If she wasn’t married or she divorced your father then I believe this -
As you are your father’s only child you are his legal Heir. The aunt and Uncle actually have no rights at all and should not be clearing his flat or anything.
when a person dies “intestate” the law is clear in that the legal heir is wife or husband then children. However, all his debts need to be paid first and also his funeral of course. I think you really need to seek advice from a solicitor. As you say he died from a work related issue there well may be a considerable sum involved in compensation. All his possessions and his money and any compensation should be yours if you are his only child and he is named as your father on your birth certificate. However, I am not legally trained but have had some dealings with similar issues.
I hope you can get this sorted and don’t allow your Aunt and Uncle to push you out.
Some solicitors do free half hour first appointment. Or go to your Citizens Advice Office.
I hope things work out in your favour.

Were your parents married and did they legally divorce, if not then your mum is next of kin. If they never married or are divorced then you are, your aunt is not and should not be clearing his property without your say so - not you might want to let that one go, it's a horrible job but you need all his paperwork, bank details, insurance etc plus work records in case of compensation. You are also responsible for the funeral if there's sufficient funds in the estate so it is essential to establish is rough wealth.

Really sorry as it's a tough job but don't let your aunt try to get what is rightfully yours, you can always treat her once it's all settled

Thank you so much for your quick replies. I'm his only child. He didn't marry my mum or anyone else. He lived with someone for 15 years and she sadly passed away 10 years ago. I guess my aunty is thinking as she spent a lot of time with him then she should be the one to have anything. I haven't the mental strength to challenge them over the house contents. My friend said I should in case there is anything valuable there or money stashed away but I can't do that. I've only set foot in that house once when his partner died for her funeral. I don't even remember what door number he lived at. I know the area well. I will contact someone tomorrow. Thank you for replying.

He never married his partner. She died just after my nan (his mum) died so leaving just me as next of kin. Partner had older children which saw him more than I did so had a relationship with him but they were not connected in anyway as he didn't marry their mum. I have children and a grandchild so I know after me they are next in line? That's my understanding so I will get some legal advice. Thank you

Don't worry about the term next of kin. More importantly don't worry about what anyone else says or anything you think may or may not be morally correct.

The law is very clear on this situation and that's all that matters. www.citizensadvice.org.uk/family/death-and-wills/who-can-inherit-if-there-is-no-will-the-rules-of-intestacy/

Thank you for that info. Do I have to apply for anything or will I be contacted? My aunty keeps saying leave it all to her. What if she doesn't tell the relevant authorities he has a daughter? I have no idea what the procedure is. She said she'll organise the funeral as he just wanted a direct cremation. No wake or anything. He didn't want a fuss apparently. Do I just let her do that? She said he had put her down as next of kin at the hospital as she was the one that found him collapsed. Does that hold any legal weight or is it just for the hospital to keep her in the loop? So many questions I really do need to talk to someone. Thank you x

Can she access his bank to pay for the funeral and his left over bills? X

I think you should be calling the hospital to confirm you are his daughter. They’re probably not aware you exist.

Legally, as the only beneficiary, you are the only one who can take probate or letters of administration (if probate is required) if there is no will. Get a solicitor to write to your aunt stating that and requesting all paperwork is sent to you.

Don't wait.

I'm not a lawyer but I work for a probate solicitor.

Could I do that? My aunty has said the hospital have a legal dept that she's spoken to. I did tell the palliative care nurse that I was his daughter. She didn't know. She did go off shift before he died. Should I phone and ask? It feels a bit wrong but I'm so anxious about it all and I know my family can be clever with the truth.

Thanks for this. I think my aunty is sure she should deal with everything. I've said I'll get some legal advice but she keeps saying don't worry she will sort it. I don't even think I'll see the death certificate. I'll definitely seek legal advice. Thank you.

Sorry you’re going through this.

you need to quickly apply for letters of administration (either on the gov.co.uk website or via a solicitor).
your aunt has no rights whatsoever.
id get a move on if I were you. You have the right to organise the funeral if that’s what you want, and the costs will come out of the estate.

I've looked at those forms online and don't even know if they apply as I doubt he was very wealthy and he didn't have property or even a car as he became too poorly to drive. I don't even know his full address. I'll check again tomorrow. She can't do anything without his death certificate as he is still with the coroner and will be for a few weeks. She wants to visit me next week (first time ever) so I'm sure she will be sounding me out.

The same thing happened with someone I know. Estranged since childhood from his father, who passed away intestate. The uncles offered to 'take care' of everything ie. steal it. My friend, who had very little money went to see a solicitor who, as it was such a clear case, took their fees from the estate. My friend inherited the lot. It was very deserved. Don't let the aunt and uncles steal what's rightfully yours, morally and legally, OP.

Thank you. I think it's a similar situation. I'm glad it resolved for your friend. I know I'll face a backlash from the family. It won't be easy.

Nobody will "contact you", you need to be proactive.

Go to your father's property and look through his papers to find out what accounts or savings he had. Write to the bank and tell them he has died. They'll provide guidance on what they need. If the estate is modest, you may not need a grant of probate.

I'm sorry for your loss, you need to see a solicitor asap, I know you say you don't think he had much but If he was still employed when he passed away there may also be a death in service payment due, this is usually 2 or 3 times yearly wage so could be a significant amount.
Your aunt may just be being nice but money brings out the worst in people and she likely knows any money/property/heirlooms do in fact now belong to you so you need to take over asap.

Also there is likely to be a/more than 1 private pension pot which also could be a significant amount.

I hear what you're saying but the thought of asking my aunty for the keys to his house to look for paperwork makes me feel so sick. I know they will be thinking I have no right to do that as we didn't have a relationship and I'm being grabby and she thinks she has the power because dad told the hospital to put her down as next of kin. I know legally where I stand but I'm absolutely terrified of facing them. They've most likely been to his house anyway. But informing the bank etc will be her doing apparently. This feels so awful. I feel like a leech but then part of me thinks it's my right. Someone slap the silly out of me.

I am sorry for this situation. It doesn’t sound right at all to me that the hospital has a legal department that would dispense free advice to people.
don’t allow your aunt and uncle to take care of any more things, get help for strength from your friends. You deserve everything the law allows, not them.

@MegsNaiceJam actually that doesn't sound right does it? Ugh I hate things like this. I'm too trusting. I'll phone the hospital tomorrow. They did contact my aunty today to say my dad needs a post mortem before the death certificate can be issued so they do have her as point of contact. If I go above her and she finds out it could be tricky. I don't know what I'm so scared of. They are a law unto themselves and there's a lot of them. I did think my aunty and me had a good relationship but money makes people do stupid things. I do appreciate everyone advising me. X

Your father asking the hospital to put your aunt down as next of kin has no effect whatsoever on inheritance. As others have said, as he was not married and you are an only child, you inherit everything unless he wrote a will giving it to someone else. In terms of who administers the estate if he is intestate, you are ahead of your aunt in the legal order of priority. You need to take control and stop them stealing your inheritance.

I think your aunty isn't telling you the truth about speaking to the hospital legal dept. While hospitals do have legal departments, they are for complaints made against the hospital, or when staff are witnesses in criminal investigations. They do not give advice to patients or their relatives.

The vultures circled when MIL died; the family members who claimed they were close to her and were helping us. It was part of the plan. They knew she was ill and started spending more time with her in the couple years before she died. When she went they were selling her possessions and pocketing the cash. She'd have been livid if she knew.

The hospital won’t get involved in who inherits any property. You also don’t know that he had any property and it seems to be unlikely given what you’ve said. I would just let your aunt take care of the funeral, etc. if there is a later compensation payment, you can contact the scheme then as this will pass outside the estate. But as it appears her dad had no significant assets, the above advice is overkill (and much of it is wrong).