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Letter of administration

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  • Letter of administration

    Good morning
    My husbands father sadly passed away and didn't leave a will
    He has been advised to apply for letter of administration
    He has 3 other siblings 1 is his brother and the other 2 are his half sister which he hasn't spoken to in a long time ( reasons he doesnt know)
    His father was under social services and they said they was in contact with his sisters and they didn't want anything to do with the funeral and they didn't attend the funeral
    He doesn't know any of their addresses or even what area they live in
    My question is if she applies for the letter administration as we know she has been told to by social services what happens if she doesn't put my husband and brother on the form? And doesn't share the inheritance
    And can two separate letters of administration be done
    ​​​​​​​thanks
    Tags: None

  • #2
    Not sharing the inheritance may lead to legal action from others entitled to share in it.

    Your husband must complete the forms honestly and truthfully. Failure to do so can have serious consequences.

    No one on this forum will advise dishonest or unlawful conduct.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      Sorry for your loss.

      A) My husbands father sadly passed away and didn't leave a will

      If your husband's father died without leaving a will, then he died 'Intestacy', the following Rules apply -

      https://www.citizensadvice.org.uk/fa...-of-intestacy/

      B) He has been advised to apply for letter of administration

      https://www.citizensadvice.org.uk/fa...-who-has-died/

      C) He has 3 other siblings 1 is his brother and the other 2 are his half sister which he hasn't spoken to in a long time ( reasons he doesnt know)

      Administrators has a responsibility to contact / attempt to contact all relative relatives. Best way is Recorded Delivery.

      D) His father was under social services and they said they was in contact with his sisters and they didn't want anything to do with the funeral and they didn't attend the funeral

      That's not relevant, in hindsight they may want to reconnect with family.

      E) He doesn't know any of their addresses or even what area they live in

      It's not too difficult to locate people these days.

      F) My question is if she applies for the letter administration as we know she has been told to by social services what happens if she doesn't put my husband and brother on the form? And doesn't share the inheritance
      And can two separate letters of administration be done

      The last question is confusing, in B) you say 'He has been advised to apply for letter of administration'

      Comment


      • #4
        If there is more than one eligible relative wanting to become administrator and applying to Probate, the "first past the post" rule may be used by probate. Please refer to the 5th para at http://www.affinioprobate.co.uk/who-...administration
        Alternatively the closest relative or the Court may decide who is best to be appointed
        Your father should get his skates on if it isn't already too late
        Last edited by Pezza54; 8th February 2024, 14:08:PM.

        Comment


        • #5
          Thanks everyone
          My husband is and has been honest when he filled in the letter of administration earlier today he have given all names of siblings
          He isn't that sort of person
          Yes he got told to apply for letter of administration and we dont know if his sisters are applying separately aswell
          He has tried to contact one of them via social media but she isn't responding
          i just wanted to know what his rights are if she get the inheritance before him and doesnt share it
          its all new to me and don't know how it works
          would it be a civil matter
          Thanks

          Comment


          • #6
            Yes see first para of post 2 by Atticus

            Social Services may have the phone numbers and/or addresses of your father-in-law's half-sisters
            Last edited by Pezza54; 8th February 2024, 15:25:PM.

            Comment


            • #7
              We have asked them and they can't give the information to us but I guess once the letter of administration has been sorted they could find out
              it's just so stressful and doesn't need to be

              Comment

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