#intestacy

The uncle’s estate would need to be distributed. Is there a will? If so, then the executor just follows the usual process to execute the terms of the will, get probate, and distribute the estate. To be honest, if you simply google “what does an executor do” you can probably find thousands of informative articles that set out the exact process in any geographical area.

If the uncle doesn’t have a will, then the family would apply to the court to have an administrator appointed. This person is just an executor by another name. There are detailed rules about how “intestate” estates are distributed. If you go to this link, it actually sets out the different rules for BC. The process is the same once the administrator is appointed.

You may well be a fan of the BBC’s ‘Heir Hunters’, now in its 13th series.

One case that might not have made the cut was that of former model and socialite Teresa Amstell, who died in 2011 at the ripe old age of 98 – seemingly without making a Will. Her apparent intestacy was picked up by an heir hunting company who managed to track down around 30 distant relatives likely to inherit.

It subsequently came to light that Mrs Amstell had apparently made a Will in 2009 – favouring a particular nephew – which had seemingly been ‘misplaced’.  

Central London County Court heard that the heir hunters had proceeded ‘with gusto’ to take control of the estate and benefit from £75k in commission.  This included changing the locks on her home and clearing it out before incurring significant costs to challenge the Will on the grounds of the deceased’s capacity. 

This exercise was considered ‘pointless’ by the trial Judge who found in favour of the nephew who was able to produce a copy of the Will:

The decision not to disclose the material was a conscious and deliberate decision, which was unjustified in the circumstances. [The heir hunter] treated this as a commercial venture and... acted in a belligerent and provocative manner which appears to be intended to run up costs and bring pressure to bear on [the rightful beneficiary] to withdraw or settle the claim. There was a specific and deliberate intention to run this litigation as disproportionately, obstructively and expensively as possible.

As Northern Ireland is a comparatively small jurisdiction, where it can often seem that ‘everybody knows everybody’, the role for heir hunters may be somewhat limited.  That said, in the words of Benjamin Franklin (1706-1790):

‘...in this world nothing can be said to be certain, except death and taxes.’

Do I really need a Will?

This is a question that many people already ask themselves, even if only fleetingly. And coupled with the typical aussie sentiment of she’ll be alright, many simply put off finding a suitable answer to this question.

But will everything be alright if you leave this question unanswered?

What does happen to your money if you don’t have a Will?

Of course, everyone’s situation is different and…

This is why a person should never die intestate

This column first appeared in the San Antonio Express News and other Hearst Newspapers on December 18, 2018. 

Dear Mr. Premack: A married man and woman own a house in Texas, and raise their four children there. He dies in 1981, intestate, while in Oklahoma. There is no legal action taken when he dies. Surviving wife continues to live in the Texas house. Oklahoma law gives one half of all real…

Can adult children force sale of the homestead?

This column first appeared in the San Antonio Express News and other Texas Hearst newspapers on August 10, 2018.

Dear Mr. Premack: My boyfriend was married, but his wife died 8 years ago. He still lives in the house they had together. She did not have a Will, but she did have three adult children from before they got married. Now her kids want him to sell the house so they can get the money from…