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Contentious administration of father's estate

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  • Contentious administration of father's estate


    Hi,
    I'm presently going through a contentious situation with my half brother. My father died in February 20, and since this time I have been given letters of administration as there was no will. My brother did apply for this, however he put the wrong date of death on his application, was given letters and then I contested it, the probate office after much chasing amended the mistake and awarded them to me. This was January this year. I advised my brother immediately and asked to discuss my father's house being sold and split between us and another sibling who is in agreement. (there's 3 of us) My brother insisted he will bankrupt me before he allows me or my other brother a share in our father's home. He lived with my father in his last years as my brother came out of prison and struggled to get work. He has his own home which he rents out for an income. He's been threatening violence if I go to my father's house, has got rid of all my father's possessions, some of which I wanted to keep, nothing of money value but deeply sentimental to me. He's been through two solicitors, and still hasn't put an inheritance claim in against us, I've found out today he's fired his most recent solicitor. He's blocked my phone number now so my only way to contact him is to write him a letter, although I have a feeling he'll just ignore this. I really want to avoid the cost and stress of a solicitor and court, but I don't know what else to do. I'm liable for a property I can't go anywhere near, and I can't grieve properly as this is hanging over me all the time. I should also say reportedly he's hardly at the house any longer because he stays with his long term girlfriend who is pregnant. He's quoted as saying 'I come back here when me and her have argued to get away"
    Any advice would be greatly appreciated. Thank you in advance
    Tags: None

  • #2


    Claims under the Inheritance (provision for family and dependants) act 1975 must be made within 6 months of the grant of letters of administration.

    As you obtained the grant in January his time for lodging a claim is about to (has?) run out.

    I imagine he has changed solicitors often as they have advised him of his weak case.

    Wait until the six months is up, and then write (1st class with free certificate of posting from post office) telling him that as administrator of your father's estate you intend selling the house and that he should vacate it within the next thirty days.
    The letter should contain the prescribed information (amended appropriately) as detailed in the Notices to Quit (Prescribed Information) Regulations (SI 1988/2201).
    If he doesn't vacate you can then start a possession claim against him.

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    • #3
      This is great, thank you so much for you time. Do I have to put the house in my name on the Land Registry first?

      Comment


      • #4
        Originally posted by Flowers14 View Post
        This is great, thank you so much for you time. Do I have to put the house in my name on the Land Registry first?
        No, but you might find this link useful: https://hmlandregistry.blog.gov.uk/2...ty-owner-dies/

        Comment


        • #5
          Hiya, he's now put in writing in a message to me that he's put his things in storage, got rid of all my father's possessions and is rarely at the house, implying he's living somewhere else. He also said there's been a water leak through the roof, something he obviously he should have told me about when it happened. I've asked him for the keys so I can continue the administration and sell the house if he's not living there, and he's ignoring me. My question is, now he has implied in writing that he's not living there and his possessions are in storage, can I go there and have a lock Smith let me in and change the locks so I can start selling the house and assess damage etc? Without having to serve the notice you suggested?

          Comment

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