Probate question

paddedjohn

Quick question.

Bloke dies leaving 5 kids, 2 kids aged 8 and 10 to ex partner and 3 kids aged 19,22 and 25 by ex wife.
Only asset is a house no will but who should go for probate?
Mum of youngest 2 is hated by the older 3 lads, 1 of whom lives in a flat at the property which is in flats, does it need to be the mother of the youngest and one of the other 3?

Tuesday_Tenor

Where there is no current spouse or civil partner, it would be the children.

On the face of it. the mother of the younger children, as ex-partner, has no right or responsibility to deal with the estate:
https://www.gov.uk/wills-probate-inheritance/if-the-person-didnt-leave-a-will
[And, previously, would have had no such right or responsibility as unmarried partner, either].

The obvious people to apply for probate (i.e. letters of administration, in this case) would be one or more of the adult children.

Did the deceased have any siblings, possibly with more experience of such matters, to assist, whether formally as a co-administrator, or informally?

I don't know whether the fact that there are minor children changes any of this, i.e. somone can apply on their behalf. I suspect not. Hopefully somone more knowledgable will post.

Probably best to clarify this with the Probate Office.

John_Pierpoint

What is the net worth of the estate?

Is it north of the border?

getmore4less

were the younger kids dependants?

John_Pierpoint

The primary school kids inherit by right, even if they are now supported by someone they know as "Uncle Fred" (or more accurately, someone needs to act as their trustee until each of them comes of age and can buy a motorbike with their inheritance).

paddedjohn

There's no dispute that all 5 kids will be sharing the estate (house only worth £120k, £20owing to mortgage) my question is, is it possible for the eldest to apply on their own for letters of admin or do they need to involve the mother of the 2 youngest. The mother of the youngest 2 was estranged from the father and is now becoming threatening towards the other 3, police are involved.

Mojisola

paddedjohn wrote: »

There's no dispute that all 5 kids will be sharing the estate (house only worth £120k, £20owing to mortgage) my question is, is it possible for the eldest to apply on their own for letters of admin or do they need to involve the mother of the 2 youngest. The mother of the youngest 2 was estranged from the father and is now becoming threatening towards the other 3, police are involved.

In light of the bit in bold, I think one of the older children should apply for probate and reduce all contact with the younger children's mother to letters.

There's no reason why she should be involved in administering the estate.

paddedjohn

Thanks all.

John_Pierpoint

Mojisola wrote: »

In light of the bit in bold, I think one of the older children should apply for probate and reduce all contact with the younger children's mother to letters.

There's no reason why she should be involved in administering the estate.

The woman sounds borderline psychotic.
Whoever is the administrator has a responsibility to see that the income the estate generates for her two children, is spent for the children's benefit.

Having had a similar responsibility for an ageing woman who, with the benefit of hindsight was developing dementia, even when trying to deal by letter, the behaviour can be "challenging" and expensive if you think a professional trustee (ie a solicitor) can be left to handle it.

The administrator/trustee has a 10 year responsibility to the "orphans"if their mother is not reliable..

getmore4less

paddedjohn wrote: »

There's no dispute that all 5 kids will be sharing the estate (house only worth £120k, £20owing to mortgage) my question is, is it possible for the eldest to apply on their own for letters of admin or do they need to involve the mother of the 2 youngest. The mother of the youngest 2 was estranged from the father and is now becoming threatening towards the other 3, police are involved.

a dependency claim could change this equal distribution .

jackyann

whatever else they do, everyone needs to keep proper notes of conversations, incidents etc.