not claiming probate

fuls77

Yes please if other's are reading please make a will. It will also save your family of all this heartache. Like my dad said he bought my brother into this world treated him like a king and in death has no say!!
I think being nice has got us no where I think we need to go and seek legal advice to ensure my nephews future is secure especially as he has no daddy to make sure and his daddy's family are being stopped from seeing him and making sure!!

NAR

fuls77 wrote: »

So she has contacted us today with a solicitors letter and they want details of his house car bank account. So she is obviously cutting us out. We are so hurt and devastated that she could do this. Is there nothing we could do. She is already talking about on facebook the holidays shes having and the weekends away. I dont see the money going to look after my nephew

The money will go into trust until he is an adult, so I doubt she will see much advantage from it in the short term.

Please believe what I say now is meant in sincerity, but I will understand if you ignore. She solely, will have the right to appoint trustees. If she chooses to exclude all your family unfortunately there is nothing you can do. I can understand your wish to pursue this legally, but please don't waste too much money on a lost cause.

getmore4less

NAR wrote: »

The money will go into trust until he is an adult, so I doubt she will see much advantage from it in the short term.

Please believe what I say now is meant in sincerity, but I will understand if you ignore. She solely, will have the right to appoint trustees. If she chooses to exclude all your family unfortunately there is nothing you can do. I can understand your wish to pursue this legally, but please don't waste too much money on a lost cause.

If as you say there is no control over the second administrator/trustee it will be easy to redirect the assets.

fuls77

Thank you. I am hoping if we can get all our answers in one sitting with a solicitor then we will know and hopefully give some closure! It just feels cold and feel like we are insignificant

getmore4less

Long shot but worth bringing up with the probate office/solicitor.

If the person is allready claiming they will missuse the funds(keep copies of the pages and do not alert them) you may be able to intervene.

madbadrob

getmore4less wrote: »

If as you say there is no control over the second administrator/trustee it will be easy to redirect the assets.

You are correct but as a trustee she could be sued later if teh child feels that she didnt use the money for his benefit. I am not sure of the legal position but when we deal with minors there is no need for a second person to hold the money. By we I mean heir hunters. The parent of the minor signs for them and on their behalf, the cheque is then made out to the parent/s and they are left to deal with the money. When the trust is set up it will be set up with a lot of legal controls.

Having just checked online there doesnt have to be more than one trustee either. Lets see what the solicitor they are seeing says

Rob

getmore4less

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

"Usually, only one of the personal representatives is required to apply for a grant. However, if the person entitled to the estate is under 18, two people are legally required to apply for a grant."

I think the op needs to try to get dad to be the second PR and rais the issue od suitability of the mum of the child.

AIUI the default is that both personal reps become trustees.

madbadrob

getmore4less wrote: »

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

"Usually, only one of the personal representatives is required to apply for a grant. However, if the person entitled to the estate is under 18, two people are legally required to apply for a grant."

I think the op needs to try to get dad to be the second PR and rais the issue od suitability of the mum of the child.

AIUI the default is that both personal reps become trustees.

Thanks I looked on that site last night and didnt see that part

Rob

madbadrob

getmore4less that relates to applying for letters of administration not for who administers the trust fund that will have to be created when the grant has been issued

Rob

getmore4less

madbadrob wrote: »

getmore4less that relates to applying for letters of administration not for who administers the trust fund that will have to be created when the grant has been issued

Rob

AIUI the trust comes into existence as part of administration and the PRs(min two) are the default trustees.

Just handing over the assets to a parent could be negligent.

this is the closest reference I can find quickly
http://www.howto.co.uk/family/probate-wills/distribution_in_accordance_with_the_laws_of_intestacy/