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Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 7620
Experience:  BA (Hons), PgDip, Practising Solicitor
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My uncle has just died at the age of 85 & we are unable to

Customer Question

My uncle has just died at the age of 85 & we are unable to locate a will. He has been living in a care home & I was their point of contact, as he was unmarried, although he has a sister still living who I believe is also in a care home, although I do not know which one.
I presume she is his next of kin & will inherit his property if no will can be found?
Am I entitled to register his death & arrange his funeral?
Submitted: 6 years ago.
Category: UK Family Law
Expert:  Thomas replied 6 years ago.

Thanks for your question. You have my sympathies in this difficult time.

If he does not have any children or spouse and no Will then his estate shall pass to his siblings of the whole blood (ie. not half sister). If he has a sister then his estate shall pass to her.

As a relative of your uncle you are able to register the death. It is usually best for the relative closest to the deceased to register the death and if this is you then there is no reason that you cannot. There is lots of information which I think will prove useful to you in this regard here:-

You are going to have to look through his papers to attempt to find information on locating the sister. Consider also possibly calling care homes in the area where she last resided.

If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question.

I will answer your follow up questions you may have.

Kind regards,

Thomas and other UK Family Law Specialists are ready to help you
Customer: replied 6 years ago.
Thank you for the information . We have searched his personal papers & can find no will. If he has made a will either through a solicitor or through a will writer, will it be on a central register?
Expert:  Thomas replied 6 years ago.
It is not compulsory to lodge a will with the central regsiter, but you should check.

You should also make an entry in "Wills & Whereabouts" of the Law Society Gazzette. You advertise the death and each practice checks their records to see if they hold the Will.

Thanks for your kind accept.

Kind regards,

Expert:  Thomas replied 6 years ago.

Sorry I should also have said that my answer assumed that your uncle's parents are deceased. If they were alive then his estate would pass to them.

If you parent (brother or sister) has passed away before him then you would be entitled to inherit the share that your father or mother would have. This applies equally to the children of any other brothers/sisters that have also predeceased him.

Kind regards