brother deceased

[peterpiper]

My brother died two weeks ago. Have informed housing association.
Housing association requires letter stating that I have full authority to discuss with them details of the case and disposal of house contents etc.
What is the terminology of such a mandate and how is this expressed in a letter in order to comply with their procedure and any legal requirements ?

[enaid]

Re: brother deceased

I think I am right in saying only the executor or an administrator has a right to remove contents etc

[peterpiper]

Re: brother deceased

Been through that site before. Could not find anything that was relative to my question.
Simply need to show to Housing Authority that I am empowered to carry out removal/disposal
of contents and to deal with rent matters.
What is the legal terminology that needs to be expressed in a letter to Housing Association that
will enable me to dispose of possessions etc. That's all they require

[enaid]

Re: brother deceased

Been through that site before. Could not find anything that was relative to my question.
Simply need to show to Housing Authority that I am empowered to carry out removal/disposal
of contents and to deal with rent matters.
What is the legal terminology that needs to be expressed in a letter to Housing Association that
will enable me to dispose of possessions etc. That's all they require

If your brother left a will then the executor must dispose of the property as specified in the will, if there is no will then the rules of Intestacy should be followed.
So you either put in the letter you are the executor or the only surviving relative following https://www.gov.uk/inherits-someone-...nd-wales/no/no and put that in your letter unless probate needs granting, Other than that I do not know what you mean by 'legal terminology'

[MissFM]

Re: brother deceased

Hi Peterpiper,

The "carersuk" link is Enaid's signature, not put in response to your question.

As said, the correct way (in the absence of a Will) would be to apply for letters of administration and present that authority to the HA, but if the estate is small and uncomplicated you could write and say that as the closest surviving relative you have the responsibility to administer your brother's estate.

You may find this useful:

https://www.gov.uk/after-a-death/org...d-tell-us-once

I'm sorry for your loss.

[MissFM]

Re: brother deceased


https://www.citizensadvice.org.uk/relationships/death-and-wills/dealing-with-the-financial-affairs-of-someone-who-has-died/#do_you_always_need_probate_or_letters_of_administ ration

Do you always need probate or letters of administration

You usually need probate or letters of administration to deal with an estate if it includes property such as a flat or a house. Otherwise, you may not need probate or letters of administration if:

• the estate is just made up of cash (that is, bank notes and coins) and personal possessions such as a car, furniture, and jewellery
• all the property in the estate is owned as beneficial joint tenants This property automatically becomes wholly owned by the other owner
• you had a joint bank account
• the amount of money is small
• you discover that the estate is insolvent, that is, there is not enough money in the estate to pay all the debts, taxes and expenses
• there are certain life insurance policies and pension benefits in the estate.

[peterpiper]

Re: brother deceased

Thank you for reply.
There is no will. The value of estate/possession is around £800
The other three brothers and sisters have nominated me to do all the clean-up work and disposal.
The Housing Association require a letter from me (or someone) that officially authorises me to do
such things. So the question I am asking is, what is (roughly) the text and legal terminology used to
express this authority in a letter I propose to send to said Housing Association and will, what I write,
be sufficient to all intents and purposes
Apologies if I was not clear originally

[MissFM]

Re: brother deceased

Something like " we, the family of XXXX, nominate Peterpiper to act with our full authority in all matters relating to the Estate of XXXXX, deceased. Signed (& witnessed?)" ?

[peterpiper]

Re: brother deceased

To clarify, there is no will, value of estate <1k, no joint bank account, property belongs to HA.
Just need to know what letter/document is required to show the HA that will enable me to manage
what little remains to sort out

[Kati]

Re: brother deceased

[MENTION=39710]des8[/MENTION] ... any ideas?? I believe both [MENTION=141]enaid[/MENTION] and [MENTION=37303]MissFM[/MENTION] are right, but is there any particular wording needed??

[peterpiper]

Re: brother deceased

If there is a will then an Executor will handle everything. If no will then an Administrator. But how do I appoint myself as an administrator ? Will they accept me ? I could be anybody as far as they are concerned

[wales01man]

Re: brother deceased

On a Government website there is plenty of info on obtaining probate or letters of administration and info if the estate amounts to very little.
Contact the HA and tell them you wish to clear the property as there is no money to pay anymore rent or charges

[des8]

Re: brother deceased

If there is a will the executor has the necessary authority once probate is granted.
If no will, but the estate is not small (ie over £5,000) a grant of administration appoints an administrator to handle the estate
If no will and small estate (ie under £5,000) the closest relative will normally be the person to sort things out.

I would think a brief note as suggested by MissFM post 8 to be sufficient.
If the HA are particularly picky they may want you to sign a letter of indemnity "just in case", but really shouldn't be necessary

If that is not sufficient, ask them what they require