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Inheritance & Probate When a parent dies & 1 of her 3

Inheritance & Probate When a parent...
Inheritance & Probate
When a parent dies & 1 of her 3 children is in possession of her ID documents such as passport or the deceased' birth cert which is required for administering the estate, shouldn't that child by law be obliged to provide the siblings with those documents or copies when requested? What if that child refuses cooperation this way? This is a UK & EU related issue.
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Answered in 6 days by:
2/19/2018
JimLawyer
JimLawyer, Senior Associate & Consultant
Category: UK Law
Satisfied Customers: 361
Experience: Senior Associate Solicitor and Litigator
Verified
Hi, thanks for the question. Is the child who has the id in charge of administering the estate?
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Customer reply replied 4 months ago
Hi. No, there was no will left and no executives appointed.
Ok, is there a surviving spouse? If not then the estate will be led according to the rules of intestate which means the estate is left to the deceased’s children in equal shares. Only direct family will inherit so not unmarried partners or friends. Any one of the children can apply to administer the estate - it won’t matter if one of them has important documents as once appointed, you can administer the will and split the estate after payment of any debts etc. I’d contact a firm of solicitors right away to do this as you’ll need a lawyer to become involved. I presume you’ve not instructed anyone yet but I’d recommend you do so ASAP. I hope this answers your question. Please click accept if I’ve answered the question. Kind regards, James
JimLawyer
JimLawyer, Senior Associate & Consultant
Category: UK Law
Satisfied Customers: 361
Experience: Senior Associate Solicitor and Litigator
Verified
JimLawyer and 87 other UK Law Specialists are ready to help you
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Customer reply replied 3 months ago
Thanks for this BTW. Problem is there is a dispute between the 3 children & the one in possession of the important ID documents is the one causing the dispute! Plus the fact that properties in Europe & UK are involved & the deceased was Portuguese/British but the latter law applies bec Portugal was the last domicile!
Someone does need to administer the estate and one of the children can apply - it’s important they do as soon as possible. I would recommend a firm such as Slater & Gordon where I used to work as they have excellent probate team and they won’t charge you for the initial consultation.
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Customer reply replied 3 months ago
Many thanks will approach them but the fact that the whole issue may come under Portuguese law (which is so different to U.K. inheritance laws) but will see. Have a good day
Ok no problem. I can draft a letter if required and have it translated to Portuguese - let me know as I’m happy to assist. Best wishes, J
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Customer reply replied 3 months ago
Good morning, the firm you worked for, was it Slater & Gordon , 54 Holywell Ln
London EC2A 3PQ? Do you know if for probate matters they specialise in EU or Portuguese law or just on UK legal matters. Thank you.
Hi, yes, they are an international law firm and we dealt with foreign matters. Their head office is in Manchester and you can call them in 0161(###) ###-####
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Customer reply replied 3 months ago
Thank you very much. We may come back to you with further Qs here but will do so under a new Q. Wishing you a v pleasant weekend.
Not a problem and thank you - you too
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