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Can Anyone Help? - Sorry long post alert

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  • Can Anyone Help? - Sorry long post alert

    Hi everyone

    I wondered if anyone could help me find out which court granted administrator power.

    Long story short in February 23 my sister in law passed away suddenly. My partner was one of 6 children and sadly their parents had long since past away. As SIL (sis in law) was not really that old she had not done a will and thus the eldest of the siblings took it on herself to apply for administration rights to sort out the estate etc as she was retired and had more time than the others.

    We live in the North, SIL lived in North Wales and rest of the siblings live in Liverpool. We are not sure which court was applied to for probate (whether it was in Liverpool or in SIL home area of North Wales).

    SIL had no children but had a horse. It was decided by eldest to have the horse transferred to her name so she would deal with it. No one really got a say in the matter as she basically told everyone after she had done it! As SIL was in the middle of getting all her pensions put into one pot she had a financial advisor but one insurance did not have to go through probate and so all the siblings got a payment of £17k each directly into their bank. This did not go down well with the eldest sibling sorting out the estate as she wanted it all in one pot for her to deal with. She was straight in the group chat asking everyone to transfer £8k of that to the horse fund as it was having full livery in the stables. Everyone sent their money over like ordered. Further discussions were to be had when all the estate etc was dealt with on what would happen next...

    Time went on and no information was found to be forthcoming yet no one wanted to ask as they didn't want to be seen as "making it about money".... Anyway September 25 came and we were informed that the SIS house was going up for sale. That was the only information that we had had since the death of SIL. Finally the house sold and we were relieved as this would mean that everything could be tied up and put to rest.

    Now to our knowledge there was a death in service from the bank where she worked (had a team under her so would imagine on a decent salary), what ever insurances she had, the house which sold for around £280k and whatever else we have no idea about. We have not been kept in the loop about anything so are totally clueless to what actually was coming in and the eldest sibling is not willing to inform us by the looks of it.

    Time was ticking by and then suddenly a month ago my partner got a text message to ask for bank details as she wanted to make a "deposit" into our bank. Later in the day my partner got a notification he had received some money. He logged on to see £10k from his sister. Confused he rang his sister and asked what the £10k was. She informed him that it was his share of the inheritance! He asked her how she had come to that figure (£10k x 5 remaining siblings = £50k which is significantly lower than what was expected by the sale of everything). She refused to discuss it and informed him that the rest of the money is for the horse and there would be no more money coming.

    The other siblings are too scared to say anything or take any further action as they are all a little worried as the eldest sister can be quite ferocious but we are keen to find out more. We did ask around a few legal sites and were informed that as SIL had no will this should be split between the siblings equally so basically a fifth of everything should be available to the beneficiaries. As administrator she had a legal fiduciary duty to provide a full breakdown of assets and be transparent. We have asked the questions but she wont discuss with us. We have no knowledge of what came in or went out and just have the say so of eldest sibling that £10k is all we are getting and to be right about things it is officially all the horses money! The legal sites we discussed with told us we should send her a letter giving her a few weeks to produce an inventory and account order or we would seek the courts help to compel her to make a sworn statement. We were also told she could not hold money for the horse as it had no claim to the money and she could only keep her one fifth of the total amount and the rest should be paid to each sibling.

    We have sent her the letter asking for this but we are coming up to the deadline we issued her with and we have heard nothing. No letter, text, call. Next step will be to go to the court and ask them to issue her with an order to give the information and our share to us. We however do not know which court granted probate. I have searched online and have found her probate number but it does not give us details of the court that it was in. We also found out that probate was actually granted in November 23 which was the same year as she died yet we are now in Nov 25 so unless she was just keeping hold of the money till the house sold we are at a loss as to why we were kept in the dark for so long.

    So my question is how do I find out which court we need to get in touch with to ask for help?

    Sorry you have been given half the life story but I wanted to include details so people can see the picture and why we are doing what we are doing. Partner feels rather bad as the other siblings are willing to just let her keep it but why should we allow her to keep what could be around £500k just because she wants to have power?

    Tags: None

  • #2
    Did you find the Probate on this government site?

    https://www.gov.uk/search-will-probate

    If it is there have you downloaded a copy? At the moment that costs £1-50 but note it is going up to £16 next Monday 17 November so download it soon if you haven't already. Doesn't that show who issued it?

    Re Death in Service benefit. This does not normally form part of a deceased person's Estate. It is usually paid by their employer as a discretionary payment directly to whoever the deceased had nominated and would not be given to the executor/administrator to pay out.
    All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

    Comment


    • #3
      Originally posted by PallasAthena View Post
      Did you find the Probate on this government site?

      https://www.gov.uk/search-will-probate

      If it is there have you downloaded a copy? At the moment that costs £1-50 but note it is going up to £16 next Monday 17 November so download it soon if you haven't already. Doesn't that show who issued it?

      Re Death in Service benefit. This does not normally form part of a deceased person's Estate. It is usually paid by their employer as a discretionary payment directly to whoever the deceased had nominated and would not be given to the executor/administrator to pay out.
      Thank you, I have just paid for this so will wait for that to become available. Will that tell me which court granted the administration? The eldest sibling was her next of kin just as she was the eldest really. I think what is bothering us is that she has not been transparent at all and we have no idea on what and what hasn't come in or out. Further to that she just refuses to discuss it despite becoming administrator and stating that she would abide by this.

      We are not trying to be greedy in any way but we do believe we should really be entitled to more than £10k when the house sold for all that money. I was my fathers POA and despite me not particularly liking my half siblings dealt with everything fairly and kept them all up to date on things that had been done reading my father. I guess I just presume everyone is honest which is seemingly not the case with this situation.

      Comment


      • #4
        You can check what the house was sold for on the Land Registry site. Download the Title Register (fee applies).

        https://www.gov.uk/search-property-i...-land-registry

        That will show sale price but the various legal.and other costs will be paid from.the Estate before balance can be distributed to beneficiaries. And any outstanding mortgage deducted too of course.
        All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

        Comment


        • #5
          Regarding the horse I believe the advice you cited earlier from another site is correct. Your SiL died without leaving a Will and did not set up any sort of trust for the maintenance of the horse.

          So once ownership of the horse passed to the sibling who is administrator it became her responsibility to feed, stable and maintain it from her own funds. The Estate is not responsible for the ongoing upkeep of the horse as the administrator sibling appears to be arguing.

          No-one made her take the horse as part of her legacy. It was her choice so she has to bear the ongoing costs of ownership. The horse could have been sold and the cash put into the estate.

          The other beneficiaries should not be having their share of the estate reduced in order to pay for the horse. A horse cannot be a beneficiary of an intestate estate and it is not the responsibility of the other beneficiaries.
          All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

          Comment


          • #6
            Originally posted by PallasAthena View Post
            Regarding the horse I believe the advice you cited earlier from another site is correct. Your SiL died without leaving a Will and did not set up any sort of trust for the maintenance of the horse.

            So once ownership of the horse passed to the sibling who is administrator it became her responsibility to feed, stable and maintain it from her own funds. The Estate is not responsible for the ongoing upkeep of the horse as the administrator sibling appears to be arguing.

            No-one made her take the horse as part of her legacy. It was her choice so she has to bear the ongoing costs of ownership. The horse could have been sold and the cash put into the estate.

            The other beneficiaries should not be having their share of the estate reduced in order to pay for the horse. A horse cannot be a beneficiary of an intestate estate and it is not the responsibility of the other beneficiaries.
            That is what we are arguing. None of us were asked if we wanted the horse or if we wanted to contribute towards its upkeep. As is is kept still in North Wales and has full livery none of us see it anyway as we all live outside of Wales. It makes no sense. Also the fact that we have all contributed towards the horse from the bit of payout we received is well within an expected range of expense. All five siblings put £8k in so that is already £40k plus the sale of the car went in the pot too.

            Now the house is sold really all five siblings should have easily had around £56k each and that is just the house. To only receive £10k and to be told that is our lot just doesn't seem right. If she told us why there is only that amount and gave us some figures and transparency and that was all there was left then yes we would fully understand but all we are getting from her is that £10k is all you are getting and the rest is for the horse.

            Even down to the fact that probate was granted in the same year she died (she died Feb 23 and probate granted Nov 23) we have been sat unaware of that fact till near on 2 years when she told us she was putting the house up for sale. Apparently she looked in to renting it out first but decided against it (again none of us were consulted about this). I know it sounds bad but I think she has just been keeping the money for herself all this time and this is why she won't share financial information with any of us.

            We are not greedy people nor are we trying to money grab but why should we let it go and her keep the lot just because she became administrator and wants to be the boss?

            Comment


            • #7
              The Administrator appears to be stealing your money. You don't need to feel guilty about holding her to account.
              All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

              Comment

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