Probate Problem!!!!!!!

lemontree

Sorry if this not in appropriate section.
I have 2 Sons who have not had contact for some time.
Their Father (my ex Husband) has died intestate and one of my Sons has contacted a Solicitor re Probate. He will not disclose the name of the Solicitor.
As my other Son is ill and cannot advise a Solicitor on his behalf, is there anything else he can do?
I hope someone can help!!

Dave_the_Ginger_Cat

If you can explain a little more what you're trying to do, that would be helpful - so are you trying to ensure that your ill son is represented, are you trying to seek a stake in the estate for yourself?

If your son is not in a position to engage with a solicitor, does anyone have enduring power of attorney for him?

dzug1

There's two things you could do:

place a standing search at the Probate Office - £6 for 6 months. You will be advised - after the event - when Letters of Administration are granted, with a copy of them

place a caveat at the probate office - £20 per 6 months. Your grounds would be - there is a dispute between two or more people equally entitled to apply for Probate. The issue would have to be resolved before Letters of Administration can be granted


http://www.justice.gov.uk/courts/probate/caveats

lemontree

Brilliant answer dzug1.
I do not want any money!
My Ex took his money when we divorced 30 years ago and I did not ask for any money then!
My Son has been too ill to work for 3 years and because I help him financially neither he nor I could afford a Solicitor.
His ambition is to come off benefits and be well enough to work!
The money could realise at least one ambition.

kingstreet

If he died intestate, leaving no will, someone close to him needs to accept the role of Administrator of the Intestacy to undertake the process which is similar to probate.

The administrator needs to submit the relevant forms to HMCS and sort out the estate assets and liabilities.

Is there likely to be a new family somewhere taking control of this?

lemontree

No Family, he was single.
This is a case of arguments in the past when they were kids.
A case of one upmanship by younger Brother.
Causing havoc in my family!

dzug1

You won't need both the standing search and the caveat - use the former if you trust the son/his solicitor to do the right thing and just want to know when things happen. Use the latter if you think the son might have lied about his brother to his solicitor - who ought to contact you (or rather the brother) anyway - but won't if he's been fed duff gen

Dave_the_Ginger_Cat

This may be of help: http://www.adviceguide.org.uk/england/relationships_e/relationships_death_and_wills_e/who_can_inherit_if_there_is_no_will___the_rules_of_intestacy.htm

The article suggests there may be some legal advice available to your son.

lemontree

dzug1 wrote: »

There's two things you could do:

place a standing search at the Probate Office - £6 for 6 months. You will be advised - after the event - when Letters of Administration are granted, with a copy of them

place a caveat at the probate office - £20 per 6 months. Your grounds would be - there is a dispute between two or more people equally entitled to apply for Probate. The issue would have to be resolved before Letters of Administration can be granted



http://www.justice.gov.uk/courts/probate/caveats

Will my Son have to complete forms re above and are they available Online?

dzug1

The letter/form needs to be from your son

For the caveat you just write a letter. The link tells you what needs to be in it

For a standing search there's a form

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/pa01t-eng.pdf


But there's nothing to stop you doing either and just getting your son to sign. In fact I don't think the form needs signing anyway

lemontree

Thank you dzug 1for the time you have taken to resolve my Son's problem.
You have been a Godsend in what has been a very difficult situation!