Is it possible to exclude a sibling from probate at their own request?

getmore4less

dean1234 wrote: »

Hi GetMore4Less.

Do you mean that when I fill in the PA1A I just don't put my sisters name on it?

Then when I get to the stage of dishing out the estate, just don't send her any?

That sounds easy enough.

I guess I was just wondering if the probate people would look into the make up of the family and wonder why a sibling hasn't been mentioned.

There are some new forms released Jan.

https://www.gov.uk/government/collections/probate-forms

you can leave them off section A

you need to count them in section B.3.2

Ask the probate court if they want a note on why or a letter from the sibling.

It can be a lot easier if just one of you applies.

FYI there is no tax implication as the estate is only worth approx 130k

The sibling giving up their share needs to check on their tax situation.

I can't remember if they need to renounce the share by deed for it not to count as a gift from them(PET) on their estate.

have a read and a bit of googling should sort that bit out.

https://www.thegazette.co.uk/all-notices/content/101535

HHarry

As Tom99 says the people applying for Probate, do not have to be all (or any) of the people who will inherit.

Probate is just the process of allowing someone to sort out & distribute the money.

My brother & I have just inherited from our Mum. But only I applied for Probate as it was easier to just have one person dealing with the banks. The Probate office didn't care that he hadn't applied, and when e erythings finalised I'll just give him his half.

dean1234

Yes, only I am applying for probate so in Section 1 of the Probate form I am only putting my details as the applicant.

But section 4 says -

4.1 Are you applying as an attorney on behalf of one or more people who are
entitled to apply for a Grant of Representation?

I assumed that means I have to put my siblings detail here as I am applying on everyones behalf.

Is that right or am I misreading the question?

If that is right, am I ok to leave off the details of my 1 sister?

getmore4less

For intestate estates the order of those eligible to administer is the same order as those that inherit.

The court may enquire if there is a discrepancy.

Tom99

dean1234 wrote: »

Yes, only I am applying for probate so in Section 1 of the Probate form I am only putting my details as the applicant.
But section 4 says -
4.1 Are you applying as an attorney on behalf of one or more people who are
entitled to apply for a Grant of Representation?
I assumed that means I have to put my siblings detail here as I am applying on everyones behalf.
Is that right or am I misreading the question?
If that is right, am I ok to leave off the details of my 1 sister?

You are misreading the question. You are applying on your behalf to be sole administrator of the estate, you are not acting as anyone's attorney.
It will be you who will be issued with the grant of representation and you will be responsible for administering the estate and making sure all the beneficiaries get paid.
Quite separately your sister needs to give up her share. It would be best, for your benefit as administrator of the estate and for hers, if this were done via a formal deed of variation but that is not a legal necessity.
Since you say your sister would be happy to sign a formal deed I would suggest to her that she follows that route

Yorkshireman99

dean1234 wrote: »

Yes, only I am applying for probate so in Section 1 of the Probate form I am only putting my details as the applicant.

But section 4 says -

4.1 Are you applying as an attorney on behalf of one or more people who are
entitled to apply for a Grant of Representation?

I assumed that means I have to put my siblings detail here as I am applying on everyones behalf.

Is that right or am I misreading the question?

If that is right, am I ok to leave off the details of my 1 sister?

As said before. The correct thing is to apply for letters of administration with thw will annexed. You are not applying as attorney.

BobQ

As there is no Will you are applying for Letters of Administration (or Grant of Administration). You need to appreciate that applying for a Grant is a separate matter from who inherits the estate.

You can apply for the Grant but need to declare on the form anyone else who has a right to apply (such as your siblings). You can of course attach a letter from your other siblings saying they do not want to apply for the Grant (if that is the case)

The Grant would then be issued to you solely. This does not affect your siblings right to inherit. You must Administer the Estate in accordance with the law. Your sister can sign a Deed saying she does not want to inherit any share of the estate.

Tom99

BobQ wrote: »

As there is no Will you are applying for Letters of Administration (or Grant of Administration). You need to appreciate that applying for a Grant is a separate matter from who inherits the estate.

You can apply for the Grant but need to declare on the form anyone else who has a right to apply (such as your siblings). You can of course attach a letter from your other siblings saying they do not want to apply for the Grant (if that is the case)

The Grant would then be issued to you solely. This does not affect your siblings right to inherit. You must Administer the Estate in accordance with the law. Your sister can sign a Deed saying she does not want to inherit any share of the estate.

You have to declare how many children the deceased had (4) but not their names, there is no need for them to send letters it may only delay and confuse the application.

getmore4less

Yorkshireman99 wrote: »

As said before. The correct thing is to apply for letters of administration with thw will annexed. You are not applying as attorney.

You ware just confusing the situation.

First line of first post

Probably an odd question, but my father recently passed away without leaving a will.

Yorkshireman99

getmore4less wrote: »

You ware just confusing the situation.

First line of first post

Apologies. Thanks for correcting me. However note post #6 where the OP mentions a will. Whichever it is it would seem LOA are required.