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Advice on death in family

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  • Advice on death in family

    I would appreciate any help i have a complicated family. My Father died and left behind 5 kids 2 older step children a brother and sister from from my step mums first marage i myself am from my dad first marage and then i have a younger half brother and sister. I havent had contact with my dad for a while and he died 28 Dec 2019 my step sister was his next of kin so she has got the death certificate i would like to know what i can do to get access to my fathers house to look for a Will and other paperwork and also is my sgep sister aloud to apply for letters of administraition when i am willing to do it and i also want a solicitor to deal with the estate only a small council house not much really but can i insist that a solicitor is used if no Will can be found. Thank you
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  • #2


    Sorry to hear of your loss.
    Did your father own his house, ie is it ex council house or just rented?
    If just rented letters of Administration might not be needed.

    In the absence of a will the order in which people can apply for letters of administration are :
    • spouse (husband or wife) - even if you were separated
    • civil partner
    • child
    Step child who is not adopted has no right to apply (next of kin has no legal meaning)

    To prevent her obtaining letters of administration you need to enter a caveat at the probate registry
    It costs £20, and you need to complete form PA8A*
    (https://assets.publishing.service.go...3/pa8a-eng.pdf)
    I also think you can apply online, but not sure about that!

    If the estate* is small and uncomplicated it should not be necessary to employ a solicitor, altho' if you have a family rift be aware that if matters become contentious costs could completely deplete the estate.
    Also consider effecting Executors Liability Insurance to protect yourself
    *

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