Download Newsletter:
March 2010 (Issue #4)
| August 2009 (Issue #3)
| March 2009 (Issue #2)
| September 2008 (Issue #1)
Frequently Asked Questions
Are relatives through marriage regarded as next of kin?
The answer is usually 'no' with the exceptions of spouses, children who have been adopted legally and possibly including illegitimate children.
Is there a time limit on making a claim?
There is a time limit of 12 years, but this can increase to 30 years from the date of the death.
Are there interest payments on the estate?
Interest will normally continue to be paid to the estate. If an estate is very old, for example 28 years old, no interest will be paid to the estate for the last 18 years it remains intestate.
I have several cousins and believe I am entitled to the estate. Do I have to share?
If the cousins also have entitlement the answer is 'yes'. Their entitlement may be more or less than yours depending on where they sit in the order of probate.
More info on Administrator/Administratrix
An administrator of an estate is someone who takes responsibility for distributing it in a lawful manner. An administratrix is the female form of an administrator.
Missing Beneficiary Indemnity policy?
This is something we would always recommend, although we do not supply this service ourselves. This type of policy provides cover for beneficiaries of estates should another successful claim be made. Without it, money a person has received from an estate would need to be re-calculated to include any new claim.
What happens to personal property of the deceased?
Usually any personal property is sold and the proceeds divided up among the claimants to the estate. It may be possible to obtain items of no value from the estate or to pay for items of value. You would need to contact the acting solicitor to obtain their permission to do so.
Why can't the name of the deceased be given?
We do not give out the names of the deceased as we are bound by the DPA to keep personal information confidential. Also all potential heirs to the estate have to be notified.
Once this has been done we will then release all information to the heirs.
Can you give me names and addresses of other members of the wider family?
We are bound by the DPA, so will not provide information of this sort. However, we are aware of the possibility of uniting family members and will gladly pass on any letters to other family members if we are asked to. We always request that any correspondence we are asked to forward in such a way is open for our perusal, as we obviously will not pass on insulting or aggressive post.
How long will the whole process take?
Usually somewhere between 6 and 18 months. There is a minimum 'wait' of 6 months to allow other possible beneficiaries to come forward.
Can I have a Family Tree once the work is finished?
We will be happy to provide our clients with an outline family tree once a case is completed. Further copies would have to be purchased.
Can I make a claim on my own?
You can, but it is something we would not advise.
If a claim is to be successful it needs to be proved that your entitlement is genuine. This requires in-depth research into your family tree incorporating searches to identify both close and distant heirs, on both sides of the family and the purchasing of necessary Birth Death and Marriage certificates.
It is unlawful and will be costly to you if the estate is not divided as set out by the laws of intestate.
Do I pay anything if the claim on my behalf is not successful or amounts to very little?
There will be no cost or fees whatsoever. We undertake all research and expenses at our own risk, and not that of our clients.
I have some suspicions about the reasons for you contacting me. Can you provide any assurances?
We have contacted you as we believe you to be entitled in the share of an estate. There will be absolutely no cost to yourself or any fees made payable to our company whatsoever.
We conduct this research because we want the estate to be divided between its lawful heirs and not be the acquisition of the government.
How do I know your charges will not wipe out my entitlement?
Our charges are a percentage of what you receive. We make no extra charge for the cost of our research or any other costs we may incur. Therefore it cannot equate to more than you will receive.
What about adopted and illegitimate children?
A legally adopted child has full rights of inheritance from the family he or she is adopted into. At the same time the adoption process ends any right the adopted child had to inherit from the biological family. Illegitimate children, should they have a blood tie allowable in probate law, will have an entitlement to inherit.
How do you get paid?
We charge a commission on the amount of your entitlement from the estate and not you personally.
What if I have been contacted by another company?
By all means read their proposal! We are confident we can do this work for less than other companies who often have high overheads or make additional charges for their research costs.
What happens next?
Once you have signed our agreement you need do nothing for now. Once we have collated all the necessary paperwork to present to the Treasury or probate solicitor we will contact you to advise you of what is necessary.