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My mother died intestate last July, she lived with my sister…

My mother died intestate last...
My mother died intestate last July, she lived with my sister who I'd fallen out with some time ago, my brother contacted me on Boxing day and told me my mother had informed my sister that I wasn't to inherit from her estate and it had been shared by my sister as personal representative between the other four siblings.
Can I take my siblings to court to get what I believe is my inheritance, namely a fifth of the net estate?
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Answered in 9 minutes by:
1/18/2018
Buachaill
Buachaill, Barrister
Category: UK Law
Satisfied Customers: 11,225
Experience: Barrister 17 years experience
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Hello, and thank you for your question. I am your Expert and I will provide the answer you require.

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1. Yes, you may successfully take your siblings to court to get your one fifth share. Essentially, once there is no will the rules of intestate succession which provides for equal division amongst all siblings apply. It makes no difference what your mother might have said or didn't say.

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2. No form of oral will or expression of wishes is valid as to the division of an estate on death. So, it makes no difference what your mother might have said, it cannot apply to decide the division of her estate.

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3. So, your siblings are way out of line in attempting to withhold your share of your mother's estate from you. Accordingly, you should see a solicitor and sue for your rightful share of your mother's estate.

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4. Please Rate or Accept the answer as unless you do so your Expert will not receive payment from the website for answering your question.

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Customer reply replied 7 months ago
Many thanks for the quick reply, I've already contacted a solicitor, just needed a second opinion before I summons them to court

5. You are welcome. Best wishes with the court case. Please Rate the answer.

Buachaill
Buachaill, Barrister
Category: UK Law
Satisfied Customers: 11,225
Experience: Barrister 17 years experience
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