Probate (intestate)

[Chrissie9B]

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).

Many thanks,

Chrissie.

[Sam101]

This would get more replies if it were posted in the WILLS section rather than the WELCOME section. However it sounds like someone is taking advantage unless the Appointed person has employed a professional. In which case I would have expected set costs to be laid down.

Perhaps Des8 - another member may be able to help

[des8]

Answers:
1) the administrator can obtain help from whomever she wishes
2) not a good idea as all monies will need to be accounted for
3)you can request the valuation, but the administrator does not have to supply it
4) the administrator cannot charge for her time for settling the estate, only reasonable expenses are allowed.
IMO her daughter, as a lay person, is not entitled to charge for her time.

[Chrissie9B]

Answers:
1) the administrator can obtain help from whomever she wishes
2) not a good idea as all monies will need to be accounted for
3)you can request the valuation, but the administrator does not have to supply it
4) the administrator cannot charge for her time for settling the estate, only reasonable expenses are allowed.
IMO her daughter, as a lay person, is not entitled to charge for her time.

Thank you x

[des8]

Hi Chrissie9B Could you please keep all future posts on this thread.
I know you were advised to repost but it will be less confusing to keep on here now.

I'm reposting the final three paras of your other thread here, to keep it in one place:


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?


To get probate moving the best way is to get the executor to realise she has fiduciary duties to all beneficiaries and explain to her that if she fails in that duty she could be dealt with via the court system.
After a year has passed you should receive not only your legacy, but interest added to it (I think the current rate is 8% pa).
As you won't really want to go through court (stressful and very expensive as you have seen from your solicitors indications) you need to get her to act voluntarily.
If you fail to obtain her cooperation the first step will be to apply to probate registry for an inventory and account.
If that doesn't work you be looking into action to remove her as executor, which is not an easy task