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    • CivicWalker
    • By CivicWalker 15th Jul 17, 10:45 PM
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    CivicWalker
    Probate : Reasonable Timescale
    • #1
    • 15th Jul 17, 10:45 PM
    Probate : Reasonable Timescale 15th Jul 17 at 10:45 PM
    My Mother passed away in August 2016 without making a will. Her house automatically passed over to my Sister as a joint tenancy agreement had been made several years ago without my knowledge. Unfortunately this caused some friction in our Brother/Sister relationship and since my Mother's death, my Sister had steadfastly refused to agree to make application for Letters of Administration (she realises that I require timely resolution as my daughter is off to University in September). Whilst I appreciate that if I obtained a copy of her Death Certificate I could probably apply myself, as I have absolutely no knowledge of what Bank Accounts and assets she had it is difficult for me to proceed if she refuses to cooperate as she has all of the information to hand in her house. As the assets are unlikely to amount to much I suspect that involving a solicitor will effectively wipe out any assets. Has anyone any ideas on what other options are available to me? Not sure that if I contacted all banks to enquire if my Mother still had an account would be successful? An suggestions would be much appreciated.
Page 1
    • Yorkshireman99
    • By Yorkshireman99 15th Jul 17, 11:05 PM
    • 2,784 Posts
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    Yorkshireman99
    • #2
    • 15th Jul 17, 11:05 PM
    • #2
    • 15th Jul 17, 11:05 PM
    Are you certain about the joint tenancy? If your sister is refusing to apply for LOA perhaps she has something to hide. What about other assets your mother had ? With no will those pass to you both under the intestacy rules. Maybe you should apply and see what your sister says.
    Last edited by Yorkshireman99; 16-07-2017 at 12:10 AM.
    • CivicWalker
    • By CivicWalker 15th Jul 17, 11:25 PM
    • 7 Posts
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    CivicWalker
    • #3
    • 15th Jul 17, 11:25 PM
    • #3
    • 15th Jul 17, 11:25 PM
    Appreciated Yorkshireman99 - I have subsequently viewed the Tenancy Agreement which was signed off in 2008 by a solicitor. As my Mother confirmed that it was her wish I will accept that. However, given that the agreement was kept hidden from me for eight year, I acknowledge that my Sister may well be capable of hiding almost anything.
    If I was to write to all Banks near to where my Mother lived enclosing a Death Certificate and my Birth Certificate in order to report her death in case she banked with them, would they be obliged to respond so that I could apply for probate?
    I think that she also had life and funeral insurance policies but once again I am completely in the dark looking for a way forward in the absence of any 'family' cooperation.
    Last edited by CivicWalker; 17-07-2017 at 8:29 PM. Reason: update
    • CivicWalker
    • By CivicWalker 31st Jul 17, 7:23 PM
    • 7 Posts
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    CivicWalker
    • #4
    • 31st Jul 17, 7:23 PM
    • #4
    • 31st Jul 17, 7:23 PM
    I now have some doubt as to whether or not the signature on the Tenancy Agreement is my late Father's (August 2012) as his middle initial is not included and I am almost certain he always used it when signing. However as I do not have access to any of his documents is there anyway of obtaining a copy of his signature from somewhere. Passport is the only thing I have thought of (but if it still exists, my Sister will not release it); Banks I presume would claim confidentiality?
    • Confused31
    • By Confused31 31st Jul 17, 7:30 PM
    • 11 Posts
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    Confused31
    • #5
    • 31st Jul 17, 7:30 PM
    • #5
    • 31st Jul 17, 7:30 PM
    We contacted bank and insurance companies for similar situation however although bank gave us statements the insurance companies would not tell us any information due to data protection and the other family ( who won't cooperate ) had already contacted them . Seems to be a case of who contacts first gets rights in our experience . Debating whether to get solicitor or not as half the money is probably gone .
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