Grant of Representation

Trebormint

Can my brother who was not named as the executor in my late fathers will apply for Grant of Representation. I have not been advised of anything to date and he has suddenly advised he is doing this without my prior knowledge or consent. Can I stop him?

Yorkshireman99

Trebormint wrote: »

Can my brother who was not named as the executor in my late fathers will apply for Grant of Representation. I have not been advised of anything to date and he has suddenly advised he is doing this without my prior knowledge or consent. Can I stop him?

Who is the executor named on the will? Who has the original will? If the executor is unable or unwilling to act then a close relatiove can apply for LOR with the will annexed. You may be able to stop him if you have good reason by lodging a caveat with the probate office.

Keep_pedalling

Yorkshireman99 wrote: »

Who is the executor named on the will? Who has the original will? If the executor is unable or unwilling to act then a close relatiove can apply for LOR with the will annexed. You may be able to stop him if you have good reason by lodging a caveat with the probate office.

See the other thread.

https://forums.moneysavingexpert.com/discussion/5753462

It sounds like the OPs father died intestate, as he had left everything to his wife who predeceased him.

Trebormint

That is correct my father died intestate. Having reviewed the PA1 application form section 3.7 should name anyone who may wise to apply at a later date option C and in section 3.8 these people must be advised in writing. I have had nothing and as such was not aware he was making any such application as a result.

The only other possible route would have been to choose option D and forged my signature as it appears he has been granted letters of representation, so some how some way the process has either failed or been breached.

I am going to phone the probate office tomorrow to clarity, as I had made my own application for letters of admin and as a result I did email both my brother and sister to advise them as per the instructions on the PA1 section 3.7/3.8.

Yorkshireman99

OP please don't open a second thread like this. It does not help you or people who are trying to help you.

Keep_pedalling

There can only be one application, so I would assume his would be dismissed if yours had been submitted 1st, but only the probate office can advise what the actual position is currently.

It is really quite depressing to see so many threads with siblings at each others over an inheritance.

Trebormint

Yeah I agree it is a shame but as the old saying goes 'you can choose your friends but not your family', and both my brother and sister disrespected their father by not attending his funeral simply to have a go at me. To me that is disgusting after all he did for them, and since then have gone out of their way to try and make life even more complicated. They should both be ashamed of themselves. Thanks for any comments so far, I will speak to the probate office tomorrow and even go to see them if it helps as something is wrong with the current process if my brother is to believed as he has stated he already has ben granted representation!!

Sea_Shell

Keep_pedalling wrote: »

It is really quite depressing to see so many threads with siblings at each others over an inheritance.

I think the main problem is that large, life changing amounts of money are involved these days, along with complicated family units. Unlike in say my Grandparents generation. No one had nowt, so nowt to fight over. Now you could be talking £000,000's.
Anyway, sorry to hijack thread....as you were!!!

konark

It can take time for LOR to be processed,up to 3 months and any disputes will have to be resolved. Who has the death certificate? At the moment they are holding the aces.

badmemory

konark wrote: »

It can take time for LOR to be processed,up to 3 months and any disputes will have to be resolved. Who has the death certificate? At the moment they are holding the aces.

Unless someone else has the will as executor. If they are going for LOR they may be lying about the will or lack thereof & just about anyone can get a copy of the death cert.

konark

badmemory wrote: »

Unless someone else has the will as executor. If they are going for LOR they may be lying about the will or lack thereof & just about anyone can get a copy of the death cert.

Reading between the lines I'd guess the deceased's already deceased wife was the executor of the will.