about intestacy rules...

[legalpup]

Hello one and all.

this is my first post on Legal beagles and I have a situation which I have no idea how to proceed with so would be very grateful for any advice.

at the end of February my father passed away, he left no spouse as my mother passed away some 11 years ago and I am the youngest of his four children, myself of course - my older brother and my two step sisters from his first marriage.
My oldest step sister jane handled a lot of things for dad even before he passed away, I like to believe she had the right intentions but sometimes this would put a lot of strain on things. when dad passed it was agreed she would find a solicitor and I would contact anyone that dad had business with to notify them. I felt a lot of decisions she made with regards to arranging care and the funeral after were not discussed with us or agreed on and while our relationship wasn't great it all fell apart at this point. She refuses to speak to me. Ive tried sorting things out with her and have since given up.

all communication at this point is done through my other sister kate who recently called to take my details to forward on to the solicitor and also ask if I would like to put some of the inheritance towards a memorial plaque at a local garden of remembrance. due to the fact I am currently trying to get a mortgage I said I would consider it but didnt make any decisions, the answer will likely be no.

anyway. sorry for the long story but I thought seeing the bigger picture might help.
So on Friday I received a letter from a local solicitor which says,

We are instructed by the client (Jane) who is currently in the process of applying for letters of administration of your father's estate

we understand that your father's estate is made up of his savings which are held by Clydesdale bank.

(here's the part I'm not sure about)
We understand that discussions have taken place between yourself, our client and the other siblings as to the provision of a memorial for you late father. We are instructed that it has been agreed that the memorial will be paid from your father's estate. We would be grateful if you could please provide confirmation in writing that you are in agreement with this. The cost of the memorial has been estimated to be in the region of £3000.

As you may be aware your father passed away without leaving a will which means the intestacy rules apply. This means that his Estate will be share equally between you and your siblings. Once letters of Administration have been granted we will call in your father's assets and thereafter make distribution of the same as in accordance with the intestacy rules after payment of any outstanding liabilities.

The letter goes on to request I contact them within 14 days.

Here's the thing, I never made a decision for the memorial. Can I disagree? how does this affect the inheritance?

my brother was given part of the family business prior to my father's decline in health, my brother has since said he is fine with no inheritance as he considers the business a gift from Dad but didn't discuss this with dad ever and has had a similar letter stating it was "agreed" in discussions that he won't be getting any of the Estate, can this be disputed?
can one sibling decide for the others on the basis that they can simply say it was discussed?
and if I disagree with anything does that mean I need to find legal advice and take it to court?
I will call the solicitor in the morning but wondering if I should write in..

Any help would be greatly appreciated.

- - - Updated - - -

sorry for the long post.
:beagle:

[seduraed]

Re: about intestacy rules...

I would speak to your brother who inherited the business and get him to renounce the claim to the estate in writing . I think you can make a deed of family arrangement to alter the intestatacy rules if all the heirs are in agreement . How big is the estate ? Do as much as possible in writing and get things signed , give everyone copies. This stops you said he said arguments .

[legalpup]

Re: about intestacy rules...

Sounds like the deed of family arrangement is a good idea but what if everyone doesn't agree?

it seems my sister is the one pushing for the memorial but I dont think its appropriate and I think dad would have hated the idea. I'm worried that if I disagree would that invalidate my claim to the estate?
would it just go back on forth until someone gave in?

Thanks for your response

[des8]

Re: about intestacy rules...

Before we go further could you please clarify the position of your Step Sisters.
If they are your father's daughters from his first marriage they are your half sisters, and of the same blood.
If however they are your step sisters, they are the daughters of your father's second wife and therefore his step children and under intestacy rules would not inherit unless formally adopted by your father,

[legalpup]

Re: about intestacy rules...

Sorry just realized I wasn't clear about that, they are my half sisters from my dads first marriage.

Thanks.

[des8]

Re: about intestacy rules...

If family agreement cannot be reached your father's estate will be divided according to strict intestacy rules.
Has anybody applied for a grant of representation yet, or is the solicitor putting in the application for one of you? Which one?

[bb41]

Re: about intestacy rules...

If you do not agree with making a donation out of your share of your inheritance then that is your right.

Intestacy is quite clear and will be followed to the letter. My Father had a will where everything was left to my Mother and he also had my brother included. My parents divorced before he died and my brother was killed so the will didn't stand.