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Can I do work to my sister's house now? Or wait for propate / LoA?

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  • Can I do work to my sister's house now? Or wait for propate / LoA?

    My sister died in her house a few months ago, intestate. My mother is next of kin but not capable of acting as executor, so I'm applying for Letters of Authority (jointly with another sister). No dependents or other claims on the estate apart from outstanding mortgage of roughly 10% of the property's value.

    The house is in an appalling state, but I've been told I can't do any clearance, cleaning or fixing up until we have authority over the estate and control of the funds. I really would like to get professional cleaners in at least, and (second priority) clear the house of personal effects, clothing, furniture, carpets, curtains etc before it deteriorates much further.

    Advice welcome, thanks in advance.
    Tags: None

  • #2
    My opinion ....

    Of course you can do those things, but at your expense until you get the Letters of Administration. You may have to account to any other heirs or beneficiaries for your actions.
    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 the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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    • #3
      Under a will, authority to the executor statrs at death. /under intestacy, authrity comes only with the grant of letters of administration.

      So, yes nothing stops you doing these things, but they are subject to ratification. Keep them to a minimum.
      If the application for a grant has gone in, it should not be too long.

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      • #4
        Many thanks - I have kept records of everything done and money spent. There are things we had to do such as getting a locksmith in (the police had to break in), cutting down trees etc for access, and clearing decades of paperwork to sort out utilities etc. I think they could be justified.

        Appreciate the help.

        Comment

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