Probate/intestacy stalemate query

daska

No, Probate doesn't apply, it's Letters of Administration if she died intestate.

RAS

If there is no will, your mother needs to contact the Probate office and arrange to get letters of administration. If she can do this before unlce, then she has control over the estate (assume he has already started the process).

The local probate Office can advise on how to do this process. Get a quick valuation from a local estate agent.

daska

It may be that your Uncle's solicitor may have advised him to do apply and the correspondence is simply a delaying tactic. Don't hang around.

RAS

he has quite possibly also emptied all the bank accounts your grandmother had as well. Does mum know where she had accounts? Does mother have certified copies of the death certificate?

getmore4less

the process is the same for probate and letters of administration.

PA1 and IHT205/IHT400

The solicitor should have covered this if there is one involved.

It would need both to sign this off, but he may have instructed solicitors they may be able to go ahead without both signing.

IT may be wise to put in a caviat ASAP.

posttokev

This has been ongoing for around 12 months. My mother has put in a caveat, although her solicitor said this was unnecessary. (She isn't happy with the solicitor and has already made a complaint about him. I'm hoping she'll seek a new solicitor.)

getmore4less

posttokev wrote: »

This has been ongoing for around 12 months. My mother has put in a caveat, although her solicitor said this was unnecessary. (She isn't happy with the solicitor and has already made a complaint about him. I'm hoping she'll seek a new solicitor.)

First post said jan 2013, might need an edit if you meant 2012

posttokev

Well spotted. Cheers!

madbadrob

The rules of intestacy are quite clear and it sounds to me like there is more to this than is at hand here. Firstly your mother will need to obtain the letters of administration (if these have not been obtained already). Then you need to get the deeds to the house because as yet you haven't said whose name is on the deeds. It is possible that your grandfather owned it outright and if he left a will he could have gave your grandmother a life share in the house but left it to your uncle. I am surprised your mothers solicitor hasnt already advised you of this. If this has been going on for 12 months I am thinking that the estate value is being diminshed week by week due to these solicitors acting for both parties. Why does your uncle assume he has the right to the whole of the property anyway?

Rob

posttokev

There is - I've tried to simplify as best I can. A will was made to his exclusive benefit after he bullied my grandmother into it, but he claims it was stolen (we actually think my grandmother destroyed it) and is relying on a copy of it.

From what I understand, if there is no valid will (ie no original will) then it's intestate, as a copy of the will won't suffice legally. He argues that a judge would accept the copy though. Who is right?