Who Can Apply For Letters Of Administration?

woodbine66

My Mother's cousin was estranged from the family and she died 19 months ago without a will. When we learned of her death at Easter, I took on the role of administrator to sort out her affairs as nothing had been touched.


My mother is the deceased's closest relative (first cousin), but we have become aware there are others who also have a claim. The others are the children of other deceased cousins of my mother, ie. cousins once removed.


I have sorted everything (house, unfiled Self Assessment, dealing with DWP, banks, NS&I, utilities, etc, etc), acting and registering as executor/admin. since my mother and I became aware, and we are now very close to being able to return the IHT forms and apply for Letters Of Administration.


My mother has signed a power of attorney form for me to act as administrator (Form PA12 - Apply For Power Of Attorney - Intestate). Do I act as administrator alone, as I am acting on behalf of the closest next of kin on an attorney basis? Or do the other relatives who are one step down the rung (ie. cousins once removed - the same level as I am) also act as administrators?


Thanks for any advice.

Marcon

The administrator is whoever applies for Letters of Administration - but that has to be done before you start dealing with the estate, not at the end! It is the grant of LofA that gives you authority to deal with things.

woodbine66

Thanks for your reply, Marcon. By dealing with the estate, I meant contacting banks, utilities, etc and advising them of her death. No assets have been realised yet, beneficiaries not paid and no IHT paid. Don't think you can get LOA/probate at the beginning. It's near the end, surely, after IHT paid, but before settling other liabilities and paying beneficiaries?

Tom99

You will act as administrator of the whole estate as if you were your mother. Your mother will not be an administrator since she has passed that right over to you.
Since there are distant relatives involved keep scrupulous financial records of every penny spent and received. You will need to give a copy of these account to all the beneficiaries.
Will IHT be due? Is the estate over £325k? Was deceased cousin a widow if so did she inherit her husbands £325k?