Who can act as Personal Representative?

[DorothyJones]

My friends partner sadly died suddenly without leaving a Will. His only surviving relation is an uncle. The uncle has said he doesn’t want to inherit and everything (inc property, cash, shares, pension) can go to my friend as per the deceaseds verbal wishes. Just to clarify everything was owned in the sole name of the deceased.

However it’s been 4 months and the uncle doesn’t seem to have got the ball rolling to apply for letters of administration as he doesn’t have any paperwork/details of accounts etc. The good news is he hasn’t asked her to leave the property either!

My question is can my friend apply for letters of administration or does this have to be done by the uncle? What happens if he doesn’t do it? I’ve told my friend to have a conversation with the uncle but she doesn’t want to come across as pushy.

What worries me is the bank are letting her have all the cash - £24k as she believes she’s next of kin. I’ve tried to say there are processes to follow but neither party seems bothered!

[Amethyst]

Did they hold a joint bank account? ( and is that where the cash is coming from?)

Unfortunately as your friend was not married to her partner, and he passed away intestate she has no right to inherit under the current intestacy rules.

Your friend can apply for the letters of administration herself. It doesn't have to be a relative. https://www.moneyadviceservice.org.u...re-isnt-a-will

Your friend could apply to the court for financial provision to be made for her from the estate under the inheritance ( provision for family and dependants ) act 1975 (

1.

Application for financial provision from deceased’s estate.

) She would need to visit a solicitor to make such a claim as it is quite complex.

(e)

(e) any person (not being a person included in the foregoing paragraphs of this subsection) who immediately before the death of the deceased was being maintained, either wholly or partly, by the deceased;

that person may apply to the court for an order under section 2 of this Act on the ground that the disposition of the deceased’s estate effected by his will or the law relating to intestacy, or the combination of his will and that law, is not such as to make reasonable financial provision for the applicant.

(1A)

This subsection applies to a person if the deceased died on or after 1st January 1996 and, during the whole of the period of two years ending immediately before the date when the deceased died, the person was living—

(a)

in the same household as the deceased, and

(b)

as the husband or wife of the deceased.]

[F6(1B)

This subsection applies to a person if for the whole of the period of two years ending immediately before the date when the deceased died the person was living—

(a)

in the same household as the deceased, and

(b)

as the civil partner of the deceased.]

How long has she lived with her partner?

[DorothyJones]

The cash is in a savings account in the deceased’s sole name. I didn’t think she could act as personal representative so was surprised when she said the bank are paying out all the money without letters of administration.

The property was in his sole name and she’s lived there 6 years. Don’t think there’ll be an issue as the uncle is well off and was aware of the deceased’s wishes.

I’m just concerned she believes the money is now hers and she’s not following any formalities.

[des8]

He died intestate so the rules of intestacy will apply.
If the uncle waives his right to benefit and there are no other heirs the estate passes to the government.

I would suggest that letters of administration are obtained, by one or the other.
The estate would then normally be passed to the uncle, but he in turn could gift it to your friend by means of a deed of variation, which removes some of the tax implications.

[DorothyJones]

Thanks for your help.