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Senior Partner
Senior Partner, Solicitor
Category: UK Family Law
Satisfied Customers: 13323
Experience:  solicitor admitted for more than 30 years
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We have just found out we had a 1/2 bother that died intestate

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We have just found out we had a 1/2 bother that died intestate in 2000 ( we all have the same father ) our bother has made a claim for the estate in his name only are the rest of use entitle to a share of the esate
The brother that died- he was residing in England when he died? Is all of his property and assets located in England?
Customer: replied 3 years ago.

yes , as far as we know

Customer: replied 3 years ago.

Will I need to wait till tomorrow now because of the time different time Zone

Customer: replied 3 years ago.
Relist: Other.
it is late here, and have to get up in the morning to go to work. Can I leave it as is and check in the morning
Hi thnaks for you question.The intestacy rules in the England and .Wales are that if some one dies without. A will and leaving no spouse or children then the parents inherit. If the parents are dead then siblings of the full blood inherit if there are no siblings of the full blood then siblings of the half blood inherit. So if you father and his wife were dead and there were no full brothers and sisters you would be entitled to a share of the estate
Customer: replied 3 years ago.

If our bother keeps everything for himself would we have to take legal action against him or is there any other avenue we could take.

Thank you

Is he a step brother of the deceased as well? If he is the same blood degree as you then no he had no right to keep it all and if he applied for letters of administration and kept the estate you can certainly sue him to account for it. There is certainly no rule that the first to claim gets it all- a ridiculous idea. You should get on with it though because there are limitation periods although if you could not have known about it.

I would get a uk lawyer to follow up on it. Where is your brother resident ?
Customer: replied 3 years ago.

My brother resides in Canada the same as myself and two sister. we immigrated to Canada with our Parents in 1957

ok well what you need to do is get an english lawyer to find the details of the estate which should not be difficult if you know where and when your stepbrother died and that will establish that your brother took out administration , you can then sue him in canada to account to you for shares
Senior Partner, Solicitor
Category: UK Family Law
Satisfied Customers: 13323
Experience: solicitor admitted for more than 30 years
Senior Partner and other UK Family Law Specialists are ready to help you

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