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Probate intestate.

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  • Probate intestate.

    Hi, I am looking for advice regarding my dad's estate. He died over 3 years ago and did not leave a will, so the probate is now going through via intestate probate rules due to the size of his estate. Although his wife is meant to be doing the probate administration, it is her daughter who is doing the majority, if not all, of the probate administration (excluding the 'official' administrator's signatures). The daughter is a beneficiary and is being paid via the estate accounts to do this probate administration work, on behalf of the 'official' administrator, despite the 'official' administrator being very capable of doing much of the work herself. The 'official' administrator's daughter is being paid via the estate accounts at a rate of £25 an hour for probate administration duties (the 'official' administrator's daughter is not a qualified solicitor) and, whilst all other payees within the estate accounts have been identified either by name or initial, the 'official' administrator's daughter' is the only payee not identified as the payee (the 'official' administrator did admit to her daughter being the payee within the estate accounts).

    Also, the 'official' administrator has been taking money from the estate accounts for things not related to the estate, which is surely wrong.

    Furthermore, I have accessed the probate grant myself but have not been given a formal valuation of the estate (from an estate agent) from the 'official' administrator, despite asking for one; the previous estate valuation was only sufficient for the probate grant application and was completed in 2019; the only valuation I have received was sent to me by the 'official' administrator's daughter in her own writing and was not an official, formal copy from an estate agents.

    What I would like to know is:

    1) Is the 'official' administrator allowed to pass on her probate administration duties (excluding signatures) to her daughter (who is a beneficiary)?,
    2) Is the 'official' administrator allowed to use money from the estate accounts for things unrelated to the estate, and
    3) Am I allowed to request a formal, up-to-date copy of the estate's valuation from the 'official' administrator (completed by an estate agent with letterhead).

    I have used a solicitor to completed 'phase one' who requested information from the 'official' administrator about the progress of the probate but, to date, whilst the 'official' administrator did respond within the required timeframe, the majority of the information requested from my solicitors has not been provided by the 'official' administrator or her daughter.

    I have been quoted £5000-£15000 by my solicitors to enter 'phase two' which would involve sending another letter to the 'official' administrator asking for detail about expected timelines for the probate to be completed, including identifying estate land for sale and when this will be put on the market. I do not have the financial means to enter 'phase two' but know that the 'official' administrator has no intention of placing any estate land for sale.

    Does anyone have any pointers to what I can do myself to get the probate moving, now that it has been over 3 years since my dad died and the only thing that has been completed to date by the 'official' administrator and her daughter is the probate and IHT application. NB: The 'official' administrator has said she has no intention of selling any estate land to pay me my share of my dad's estate but has no other means of settling the estate. It appears that the probate has come to a halt and is being delayed/stalled because the 'official' administrator wishes to continue living on the estate, and does not want to give up/sell any of the estate, so what can I do?

    Many thanks,

    Chrissie.
    Tags: None

  • #2
    Duplicate thread

    Comment


    • #3
      Would I be justified in taking the 'official' administrator to court for failing her duties as an administrator, and how would I go about doing this? - with the aim of getting an independent administrator/attorney to take over the remaining probate administration, if the court sees fit.

      Comment


      • #4
        See your other thread!

        Comment

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