Probate, administrator, lack of a will

[Fiale]

Looking for some advice.

 

My Aunt died in October without leaving a will, she was one of 3 siblings (2 sisters, 1 brother). We received a letter today from my uncles saying he is going to administer her estate. The problem is he and my other Aunt do not get on at all and he has done many things over the years to spite her. She has no faith in his fairness in handling of the estate or what he will do. Can she also apply to also be a administrator so all decisions have to be agreed between them ? My uncle obviously has access to someone / people at Bristol CC social services as she was elderly and in care for the final years of her life, even though he never visited or had anything to do with her, he seems to have been pretty quick getting involved in the estate. 

 

Has anyone dealt with this, know what you need to do or contact ?

[One Team In Keynsham]

6 hours ago, Fiale said:

Looking for some advice.

 

My Aunt died in October without leaving a will, she was one of 3 siblings (2 sisters, 1 brother). We received a letter today from my uncles saying he is going to administer her estate. The problem is he and my other Aunt do not get on at all and he has done many things over the years to spite her. She has no faith in his fairness in handling of the estate or what he will do. Can she also apply to also be a administrator so all decisions have to be agreed between them ? My uncle obviously has access to someone / people at Bristol CC social services as she was elderly and in care for the final years of her life, even though he never visited or had anything to do with her, he seems to have been pretty quick getting involved in the estate. 

 

Has anyone dealt with this, know what you need to do or contact ?

This weblink may assist you as a start point.

The paragraph " If you think that the way the estate is shared out should be rearranged, you will need legal advice. You may get legal aid. " is salient in your case.

https://www.citizensadvice.org.uk/relationships/death-and-wills/who-can-inherit-if-there-is-no-will-the-rules-of-intestacy/#h-close-relatives

Just faced the same issue with mum, who passed last month with no will:  in this case her only relatives are me any my elder sister, and we are in agreement with what we will do.

If the link doesn't help, I strongly suggest asking advice from CAB (if they are still going) or a solicitor.  And, from experience when my dad died, if there is any property involved, get legal help: it can be a minefield.

[BobBobSuperBob]

11 hours ago, Fiale said:

Looking for some advice.

 

My Aunt died in October without leaving a will, she was one of 3 siblings (2 sisters, 1 brother). We received a letter today from my uncles saying he is going to administer her estate. The problem is he and my other Aunt do not get on at all and he has done many things over the years to spite her. She has no faith in his fairness in handling of the estate or what he will do. Can she also apply to also be a administrator so all decisions have to be agreed between them ? My uncle obviously has access to someone / people at Bristol CC social services as she was elderly and in care for the final years of her life, even though he never visited or had anything to do with her, he seems to have been pretty quick getting involved in the estate. 

 

Has anyone dealt with this, know what you need to do or contact ?

Hi @Fiale

sorry to hear your sad news

I won't explain the full part about who inherits if no will, partner no children no etc etc but in your case this is the law

 

The estate is shared equally between the brothers or sisters.

If a brother or sister has already died, their children (nieces and nephews of the deceased) inherit in their place.

Hope that helps

I would ask Uncle for a list of your Aunts assets when she died and if in any doubt take legal advice (May be worth a 1/2 hr consultation anyway)

One of the first things I'd alsodo Fiale is speak to Social Services and make them aware of your concerns. 

They would have limited / none direct involvement but should provide the same info that they've assisted your Uncle with to your Mum as she requires - 

[BobBobSuperBob]

These will help too and the sites give all sorts of guidance

Applying for a Grant of Letters of Administration

In order to be able to administer someone's estate you normally need to apply to the Probate Registry for a 'Grant of Letters of Administration'. You can ask your solicitor to help you with applying for a grant or you can make a personal application.

When you get the grant you become the 'administrator' of the estate. The grant provides proof to banks, building societies and other organisations that you have authority to access and distribute funds that were held in the deceased's name. The overall process is often called 'obtaining probate', though technically this term applies where there was a will.

3. If the person didn't leave a will

An ‘administrator’ is the person who deals with the estate if there’s no will.

You can usually apply for a grant of representation to be the administrator of the estate if you’re the person’s next of kin, for example their spouse (or civil partner) or child.

You can apply if you’d separated from the person but you were still married or in a civil partnership when they died.

You can’t apply for a grant of representation if you’re the partner of the person but weren’t their husband, wife or civil partner when they died. You’re also not automatically entitled to any of your partner’s estate.

The law decides who inherits the estate if there’s no will.

[Fiale]

Many thanks guys, I will visit my Aunt and let her know what she can do going forward. Thanks again.