My mother's death certificate is wrong

[Scarlett55]

Hello LegalBeagles

My mother died two months ago. Both my sister and I were named as executors of her will. I could not find my mother's will, so I obtained her death certificate to send to the solicitor so I could get a copy of the will, but I found that my mother's christian name is wrong, it is not the same as on her birth certificate.

I wanted to challenge my sister on the estate, as she took over everything and is not giving me my share of my mother's estate. My sister did not tell the solicitor that my mother had died. Both she and my mother lived in the same district, whereas I live about 2 hours away by car. I can call the Certificates Office tomorrow and tell them the death certificate is wrong, but I am wondering what ramifications, if any, will happen. My sister signed the death certificate to say the information given was correct. I cannot see how she can get into her bank account as how would the bank let her do that as my mother's christian name in her bank account is different to the one on the death certificate?

I did not do anything about this until very recently as, unfortunately, the coroner could not decide whether to do a post-mortem on her. I called the bereavement office two weeks after she died to ask why the delay. The bereavement office said that the coroner was waiting on the doctor who attended her to change the report(!) Eventually the funeral took place a month after her death. This has all been very upsetting, now compounded by my sister and her greediness.

Can anyone advise me of my legal standing please?

Thank you for your time.

[des8]

Re: My mother's death certificate is wrong

Regarding the death certificate, the entry in the register will be amended by a note in the margin.
All subsequent certificates issued will note the correction in the margin.

Regarding your mother's estate
1) is it a small estate that doesn't require probate,
2)Did you obtain a copy of the will? If not what do you think has happened to it?
3)If you can't obtain a valid copy of the will for probate apply for letters of administration. This will give you the right to administer your mother's estate.
4) if the bank have not already been advised, do so first thing tomorrow and also tell them you are applying for letters of administration and they should not release the funds to anyone else. Confirm that in writing (recorded letter). Banks will often release quite substantial sums without authority if they trust the probity of the applicant who arrives with a certain amount of documentation.
5) if the will can't be found, the estates assets have to be distributed according to strict rules of intestacy

[martinhartman555]

Re: My mother's death certificate is wrong

I totallly agree with des8 that you should tell the bank that you are applying for letters of administration so they should not release the funds to anyone else.

[Scarlett55]

Re: My mother's death certificate is wrong

Thank you both very much for your replies.

It is a small estate that does not require probate. I received a copy of the death certificate to obtain the will from the solicitors, as I couldn't find it. My sister has a copy of the will. She has taken charge of everything and we are not in communication unfortunately. I need a copy.

I presume I apply for letters of administration from the solicitor.

Thank you again; much appreciated

[des8]

Re: My mother's death certificate is wrong

You say your sister has a "copy" of the will.
Do you know where the original is, as that is what is required?

You could ask the solicitor to apply for the letters of administration, but why add his charges on top when you can do it yourself?

When we know the position regarding the will, we can point you in the right direction.

[Scarlett55]

Re: My mother's death certificate is wrong

Hello des8

Sorry, she has my mother's will. She has all my mother's things. I had a copy which I cannot find and presumably my sister has a copy as well.

I don't know what 'letters of administration' are, having had nothing to do with wills before this time. So my presumption was that a solicitor would deal with it and of course, I do not want to pay anything if I don't have to.

It has all been so horrid and my sister's attitude is not helpful.

Thank you very much.

[des8]

Re: My mother's death certificate is wrong

As you know there is a valid will in existence you cannot apply for a grant of representation or letters of administration without the will
As there is more than one Executor, you both have joint andseveral liability, which means that the act of one isbinding on the other and one of you can be madeto pay the liability, leaving you to claim a contributionfrom the other
As joint executors you both have equal rights to administer the estate.
Are you and your sister the only beneficiaries?

I think it may be worthwhile taking legal advice from a specialist probate solicitor to see what options you have to resolve this situation before it escalates to court proceedings, which tend to be extremely expensive

[des8]

Re: My mother's death certificate is wrong

Did you manage to stop your mother's bank account being emptied and tell the bank not to allow its closure without ensuring the person had authority?
If you did you can no submit a "caveat" which will prevent anyone obtain letters of representation https://www.gov.uk/wills-probate-inh...representation