My nephew recently passed away suddenly and without leaving a will. He left a nine year old daughter. The mother of the child, my nephew and the child's mother had a short unmarried relationship and split up shortly after the child was born, now says that she (as the child's mother) has sole control over my nephew's estate.
Whilst we have no problem in the child inheriting the estate at 18, we doubt that there will be anything left if the mother is allowed free access to it, undoubtedly using the excuse that any monies spent is for the benefit of the child. This woman has a past track record and we want to know if there is anything that can be done legally to halt the spending frenzy that will ensue.
I hope British law and good common sense will prevail Thanks in advance.
Yes, the above is the way it is, under the intestacy rules for England & Wales. The same is also true in Scotland. An administrator needs to be appointed who could be any member of the family - using a solicitor to do this just gobbles up part of the estate somewhat unnecessarily.