Intestacy problem

Harbhy53

I have the copy myself of the title

Tom99

Harbhy53 wrote: »

The title last checked was a few years ago and it was in my mother's name plus Halifax BS

Probably worth £3 to check the up to date position.

Harbhy53

Yes as mentioned current register says my mother's name and Building Society on title.

Harbhy53

Not had much feedback on this , I think the first thing to do is apply to become administrator on the basis of 'no executor chain' and after engage a solicitor specialising in probate. I welcome your views about it. Thanks

xylophone

Pre 2009, if your mother died intestate and with no spouse, her six living children would have been entitled to one sixth of her estate, after the payment of funeral costs, debts and taxes.

It appears that neither of the administrators took steps to sell the house - did they close accounts and distribute any monies?

Are both administrators now dead?

https://www.co-oplegalservices.co.uk/media-centre/articles-jan-apr-2017/how-does-probate-work-if-the-executor-has-died/

It would seem that you can apply to be the administrator of the administrator but it would be as well to obtain the advice of a solicitor first.

You may well need to apply to the court to sell the property in order that the remaining beneficiaries may receive their fair share - these beneficiaries would, I think, include any children of the siblings who have died.

Harbhy53

Thank you Xylophone for your input, the money was used , what little was left to repair the property. Yes both administrators are dead. I would guess that I can only apply to court to sell the property if I become administrator first,Is that correct?:)

xylophone

I would guess that I can only apply to court to sell the property if I become administrator first,Is that correct?

I think this will be necessary as the original administrators did not complete administration.

Harbhy53

So as a first step is to engage a solicitor, I have been quoted fees of £300+Vat by one local firm. To become administrator do I need services of a solicitor or there are alternatives available. I am a pensioner and have limited funds.

xylophone

Solicitors are expensive - mine charges £350 an hour plus VAT so yes, fees mount up very quickly.

However, it would seem that the particular circumstances of this case are not straightforward - legal advice seems to me to be advisable.


Once probate is granted, you would be dealing with the affairs of the second to die of the administrators of the original will as well as those of the original testator (your late mother).

What does the sibling ( and original part beneficiary) who is not in occupation of the property have to say about the matter?

Once you have probate, you will then have the right to deal with the sale of the property but bearing in mind that the current occupant is himself a beneficiary and is refusing to leave, you are likely to need a court order for sale.

This will also cost money but should ultimately come out of the sale proceeds of the property before any distribution.

Remember the possible CGT implications because of the likely substantial increase in value of the property since your mother died - the sibling in occupation will be less concerned about this since it seems that it is his PPR but as for the situation with regard to the deceased whose PPR it had been.....?

In view of the above, you need professional advice?

I don't envy you the task - a relation of mine is currently executor of a straightforward estate but nevertheless the task has been (and continues to be) onerous as he copes with IHT/ other tax returns/disbursements/ deed of appointment etc.

Be sure that you are "ready,willing and able" to take on the task.

Harbhy53

Thank you Xylophone for your good advice it is much appreciated :-)