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Inheritance Paid Out To Uncle By 'heir Hunting' Company.
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Recently my Sister and I discovered by accident that our natural father had died and left quite a large sum of money. We hadn't had contact with him for a long time so were not aware of his death until years later. Anyway it transpires that he died intestate and some Heir hunting company tracked down a brother and sister of our father. Despite the brother telling them that there were 2 children, they took a £16k commission and paid the inheritance to the brother. He told them he would pay the money back if we surfaced (I didn't know whether to laugh or be angry when they told us that). They have now tried to write to him twice about this but have had no reply.
They admit that they were wrong to pay it out and also they made no effort to trace us, they accept that they will have to return the commission to my sister and myself, but we now have to decide on the next course of action. Assuming they took a 20% commission then the estate would have been £80k. Do we now sue the heir hunting company for our inheritance especially after they admitted their wrong doing, or pursue the brother and sister for money they received 3 years ago. What's the likelihood that it's still even there?
My thanks in advance for any advice.
They admit that they were wrong to pay it out and also they made no effort to trace us, they accept that they will have to return the commission to my sister and myself, but we now have to decide on the next course of action. Assuming they took a 20% commission then the estate would have been £80k. Do we now sue the heir hunting company for our inheritance especially after they admitted their wrong doing, or pursue the brother and sister for money they received 3 years ago. What's the likelihood that it's still even there?
My thanks in advance for any advice.
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i believe it works like this, the heir tracing company get their info from the governments bona vicantia list, they research the family, locate the heirs, get them to sign a contract, submit a claim, the governments pays the company solicitor and the solicitor pays the sum, less the commission to the contracted heirs. who fights over what after that is down to how much you can afford to pay in legal fees
You need a litigation solicitor. From what you say the brother told the heir hunters that there were more beneficiaries. Whether he'll say that in court is another matter. He might deny all knowledge of other relatives; would he have certainly known of your existence but lied to the heir hunters? If he knew, whether he told the heir hunters or not, he is liable to account for the share which was due to you. If he told them, the heir hunters are prima facie negligent and the negligence has cost you that share since we may guess that the brother is in no position to pay it.
Sorry friedgreentomato, you're being a bit presumptuous there, I said we hadn't seen him for a long time. we're both in our Fifties so certainly not just "children who never saw their father" You do not know the details of this and I have no desire to discuss it. Regardless of who felt they had a better claim, the facts are that the money was paid to a relative who does not have legal claim to it.
To the previous sensible answerers, Yes he definitely knew we existed and apparently the company have paperwork to back up the events.
To the previous sensible answerers, Yes he definitely knew we existed and apparently the company have paperwork to back up the events.
agree Freddie ( well that's a surprise )
I think you may have to use a lawyer as it seems likely that the fella who should pay ( the wicked uncle ) wont be able to,
so that you will end up suing the heir hunters for negligence - who can pay and will have insurance.
as for the uncle - well who cares that he thinks ?
altho the remark DOES demonstrate how often people think that a will is guide to the executor as to how he might allocate monies but doesnt have to.
OK OK no will - substitute intestacy rules for will and administrator for executor.....
[ I had to deal with a case where the solicitor really did write: the objaaay you have been left has just been disposed of to a charity shop.....
and he seemed to think/hoped I would say, o yeah OK.... ]
I think you may have to use a lawyer as it seems likely that the fella who should pay ( the wicked uncle ) wont be able to,
so that you will end up suing the heir hunters for negligence - who can pay and will have insurance.
as for the uncle - well who cares that he thinks ?
altho the remark DOES demonstrate how often people think that a will is guide to the executor as to how he might allocate monies but doesnt have to.
OK OK no will - substitute intestacy rules for will and administrator for executor.....
[ I had to deal with a case where the solicitor really did write: the objaaay you have been left has just been disposed of to a charity shop.....
and he seemed to think/hoped I would say, o yeah OK.... ]
Barmaid's question needs answering. Assuming the answer is No, do you have the heir hunters admission in writing? If you do, you seem to have clear evidence of negligence, & I would say you then sue them (unless they agree to pay out in full without a Court claim). It is then up to them or their insurer to make a claim against uncle.
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