Probate-Legal for younger brother to administer alone?

Hadrian

When our mother died recently my younger brother (only sibling and no other relatives) sorted all death details out including the probate. I had no input nor signatures to put to any documents, nor was I asked to attend the Probate Office. When it was all sorted out he arrived with a list of his costs and a final figure which I was due to, according to him. I never saw any official documents relating to the Probate. My questions are these, "Was it legal for him to get probate in his name alone, I'm assuming he didn't mention he had an ELDER brother". "Does the law require an ELDER brothers input"? "Does the Probate Office ask whether there are any siblings?"

DVardysShadow

I think it makes more sense to gripe at the figure being wrong if it is than at who done probate. It looks a bit late to be asking questions on that.

snowleopard61

Do you mean probate of a Will, rather than Letters of Administration in default of a Will? Presumably whose name the probate is in would relate to the content of the Will.

If there is no Will, there are intestacy rules - no expert but you would certainly think that both children would have to be treated equally in this case?

MrsManda

Was there a Will?
If there was a will then I think the person(s) listed as executor should deal with probate matters. If there isn't then any close relative can apply to deal with the estate.

I don't see how being an older brother has anything to do with it.

As DVardy pointed out it's not important who did the probate providing it was done properly and the figures are correct.

Some basic information about probate can be found on the direct.gov website
http://www.direct.gov.uk/en/Governmentcitizensandrights/Death/Preparation/DG_10029799

snowleopard61

Also, a probate and the Will to which it relates is a public document (once the testator has died and the Will has been proved), so you - or anyone who cares to - could apply to see a copy without your brother's knowledge. It wouldn't tell you the nitty-gritty of the figures, but you could see what you were entitled to in proportional terms.

demented_weasel

A "standing search" through the probate courts should help you:

http://www.justice.gov.uk/guidance/courts-and-tribunals/courts/probate/standing-searches.htm

Also, the application form for probate - PA1 - asks how many relatives eg spouse/children/parents/brothers etc there are of the deceased.

Although the will names the executor(s), usually only one of them will do the work involved with the other renouncing their appointment.

The renunciation is carried out on a deed issued by the probate court, which has to be witnessed and returned to the probate court at the probate interview.

Gigglepig

If you are very concerned about the costs, ask to see receipts... but think carefully first if it is worth potentially falling out over ...

Tuesday_Tenor

Yes, it was legal for the brother to do it alone if

When there was a will:
(a) He was the only executor named in the will
or
(b) He was one of several executors named in the will but the other executors all either renouced executorship completely or reserved their power (in the latter case they could step back in if executor was too ill or died).

Where there was no will
(c) He applied for Letters of Administration and no other equally-placed relative (such as yourself) wanted to do it when so asked by the probate court. The person applying should have given details of all equally-placed relatives to the court when applying, so that they could contact you.

Do any of these apply to your situation?

Seems an odd stage at which to be querying this. Didn't you ask who the executor was when your mother died and the funeral was arranged, as that is also the responsibility of the executor? Did you offer to help your brother with the onerous post-death tasks - surely responsibilities would have been clarified at that point?

Hadrian

Thanks all for your replies, think I've solved my dilemma:D.

Savvy_Sue

demented_weasel wrote: »

Although the will names the executor(s), usually only one of them will do the work involved with the other renouncing their appointment.

The renunciation is carried out on a deed issued by the probate court, which has to be witnessed and returned to the probate court at the probate interview.

Not so, I've just jointly executed a will. We both signed forms, we both went to sign off the probate.

demented_weasel

Sorry, but it can be so.

With agreement, one executor will reounce their appointment.

I know this because I was appointed as an executor in my late Sister's will, together with a friend of hers from University days.

I was also the residual beneficiary, after certain gifts had been made/paid.

As such, the other executor was happy to renounce.

If two executors can work together, thats great, but it depends on the terms of the will.