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Conflict of interests by administrator

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Comments

  • ValHaller
    ValHaller Posts: 5,212 Forumite
    1,000 Posts Combo Breaker
    madbadrob wrote: »
    I wasnt relating to my point in general I was relating to a number of posts that were in the thread.

    Rob
    You seem to be condemning them ALL in their entirety
    madbadrob wrote: »
    Actually the comments on this thread are incorrect.

    Now, what exactly is the problem?
    You might as well ask the Wizard of Oz to give you a big number as pay a Credit Referencing Agency for a so-called 'credit-score'
  • madbadrob
    madbadrob Posts: 1,284 Forumite
    Eighth Anniversary Combo Breaker
    The benifitiaries have priority with intestate estates.
    No they don't any body can administer an intestate estate so long as they follow the rules of intestacy
    The executor can only use resources from the estate wholly and necessarily for the administration of the estate.

    No he cannot he can only take out of pocket expenses from an estate unless he is a professional body such as a solicitor It may be (just about) legitimate for him to buy items from the estate for his own use provided he pays the aoppropriate market value.
    No he cannot.

    But I don't see how he can be administrator anyway without being a beneficiary. The Probate Office wouldn't allow it - normally anyway
    Probate Office will allow anyone to administer an intestate estate so long as they follow the rules of intestacy and can prove who the beneficiaries are.
  • madbadrob wrote: »
    The benifitiaries have priority with intestate estates.
    No they don't any body can administer an intestate estate so long as they follow the rules of intestacy
    The executor can only use resources from the estate wholly and necessarily for the administration of the estate.

    No he cannot he can only take out of pocket expenses from an estate unless he is a professional body such as a solicitor It may be (just about) legitimate for him to buy items from the estate for his own use provided he pays the aoppropriate market value.
    No he cannot.

    But I don't see how he can be administrator anyway without being a beneficiary. The Probate Office wouldn't allow it - normally anyway
    Probate Office will allow anyone to administer an intestate estate so long as they follow the rules of intestacy and can prove who the beneficiaries are.

    Your objections/corrections are very muddled and are likely to confuse people.

    The correct information has already been given in the link I provided in post #7. See bottom of page 2 in guidance PA2.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    madbadrob wrote: »
    The benifitiaries have priority with intestate estates.
    No they don't any body can administer an intestate estate so long as they follow the rules of intestacy.

    The benifitiaries of an intestate estate do have priority to administer the estate.

    http://www.lawsociety.org.uk/for-the-public/common-legal-issues/probate/

    http://www.probate.co.uk/apply/entitled.asp

    http://www.hmrc.gov.uk/inheritancetax/intro/probate-process.htm

    http://hmctsformfinder.justice.gov.uk/courtfinder/forms/pa02-eng.pdf



    I suspect you have missed out the step where the(a) benifitiary agrees to let someone else do it.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    madbadrob wrote: »
    Probate Office will allow anyone to administer an intestate estate so long as they follow the rules of intestacy and can prove who the beneficiaries are.

    https://forums.moneysavingexpert.com/discussion/comment/59156221#Comment_59156221
  • dzug1
    dzug1 Posts: 13,535 Forumite
    10,000 Posts Combo Breaker
    madbadrob wrote: »
    It may be (just about) legitimate for him to buy items from the estate for his own use provided he pays the aoppropriate market value.

    No he cannot.


    Why not - his job is to sell the assets of the estate and distribute the proceeds. There's no restriction on who he can sell them to - including other beneficiaries.

    It's of course better done openly and by agreement with all beneficiaries rather than just doing it - and establishing the value might be problematic
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