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Died Intestate! Can the executor sign everything into there name?

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  • Died Intestate! Can the executor sign everything into there name?

    Brief History...

    I am one of three siblings my father unbeknown to me until August 2021 died intestate in July 2018, my mother again unbeknown to me was granted Administration of his Estate in May 2019 the value of the estate £1,613,749.

    Now I say unbeknown to me as on my fathers death I was lead to believe he left a will which I never questioned, however then in August 2021 I found out there was a Deed Of Variation and my mother (the Administrator) had forged my signature onto it without my knowledge... TURNS OUT HE DIED INTESTATE!

    Now as my mother now knows I know what she has done she is trying to sort out land etc that I would be entitled to according to said Deed, however as I totally disagree with the Deed Of Variation and in fact set to lose out, I have refused to sign anything my mother has sent me ie.. Land Registry forms etc.

    However she has turned up at my door today asking me to sign forms etc which again I have refused and she has advised if I don't sign today she has instructed her solicitor to sign everything into her name, now I am sure I already know the answer...?

    Can she do that??
    Tags: None

  • #2
    I'm a bit confused, if he died intestate and there is no will, how can there be a deed of variation?

    Comment


    • #3
      Exactly... Turns out the "Deed Of Variation" was drawn up between the Administrator (My Mother) and her Solicitor so she could keep as much control over the Estate as possible, I had no knowledge of it until August 2021? when I demanded a copy my name was already on it forged by my mother.

      Until 2021 I had no knowledge of the "Deed Of Variation" and was told by my mother in 2018 when my father died he had a will, turns out it was a lie.

      Comment


      • #4
        A deed of variation needs to be agreed by any beneficiary that it may disadvantage. If you are able to speak with the solicitors in question, as they probably dont know that your signature was forged. Otherwise speak with the Probate office and explain to them. They should be able to help you but you may need your own solicitor so it could get costly if your Mother does not agree to a sensible settlement

        Comment


        • #5
          I have tried to speak with solicitors in question who have been advised by the Administrator (My Mother) not to speak with me, I am going to draft an email to both the Solicitor and the Probate Office... however for reference the Administrator said it was the Solicitors who signed my name on the "Deed Of Variation"? I find this hard to believe..

          However do you have any idea weather the Administrator can sign everything into there name should I refuse to sign? I find this hard to believe as well?

          Comment


          • #6
            An intestate estate can be varied, but there can be no doubt that a variation must be signed by the relevant individuals.
            https://assets.publishing.service.go...73615/IOV2.pdf
            Sec 142 of Inheritance Tax Act 1984

            Comment

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