English grant not being given until Scottish grant given

poppystar

Langtang said:

poppystar said:

Langtang said:

poppystar said:

So it looks like it might be the close death dates. In the PA1a,  section 3.3 your wife as niece of deceased would not be eligible to apply if FIL was included in 3.3e rather than 3.f - which presumably he was if you answered that he survived his sister. But then your wife wouldn’t have then fitted into either of the categories referred to for the applicant either. In fact answering that section under these circumstances would seem almost impossible since there is no option to say the brother survived but is no longer surviving! 

I'm afraid that I'm unsure what you are referring to when you speak of PA1a etc. When my wife's Aunt passed away, my father-in-law had to find a solicitor down in England to deal with this (apparently, a Scottish solicitor cannot represent someone in England) which he did. 

Since then we've been in sporadic contact with the solicitors down South (we're in Scotland, too) We have our solicitor dealing with FIL & MIL estates. 

Ok, sorry. It is the probate application when no Will. I didn’t realise you had appointed a solicitor to apply for probate. Apologies if I missed that. 
 What is the English solicitors opinion on why the Scottish grants are necessary first? Is it them that you refer to when you say ‘you have received news’. Again I had assumed that It was correspondence direct from the court. 

I'm sorry, I hadn't mentioned that in my initial response. 

The response from the English solicitor is just this:

"I was hoping that the English Courts would issue the Grants without the need to wait for the Scottish Grants to be issued for FIL.  I am pressing the Court on this point but they usually are sticklers for detail and it is unlikely that they will change their stance"

Which doesn't really answer the why question. 

It may well be the ‘step’ issue you have just mentioned. If, as it sounds, aunt had no eligible family to get letters of administration they may be willing to grant it to your wife in her capacity as Executor of the brother of the deceased estate and beneficiary through that. In that case they would have to wait for the Scottish grants to be issued to prove her as his Executor. 

Langtang

poppystar said:

Langtang said:

poppystar said:

Langtang said:

poppystar said:

So it looks like it might be the close death dates. In the PA1a,  section 3.3 your wife as niece of deceased would not be eligible to apply if FIL was included in 3.3e rather than 3.f - which presumably he was if you answered that he survived his sister. But then your wife wouldn’t have then fitted into either of the categories referred to for the applicant either. In fact answering that section under these circumstances would seem almost impossible since there is no option to say the brother survived but is no longer surviving! 

I'm afraid that I'm unsure what you are referring to when you speak of PA1a etc. When my wife's Aunt passed away, my father-in-law had to find a solicitor down in England to deal with this (apparently, a Scottish solicitor cannot represent someone in England) which he did. 

Since then we've been in sporadic contact with the solicitors down South (we're in Scotland, too) We have our solicitor dealing with FIL & MIL estates. 

Ok, sorry. It is the probate application when no Will. I didn’t realise you had appointed a solicitor to apply for probate. Apologies if I missed that. 
 What is the English solicitors opinion on why the Scottish grants are necessary first? Is it them that you refer to when you say ‘you have received news’. Again I had assumed that It was correspondence direct from the court. 

I'm sorry, I hadn't mentioned that in my initial response. 

The response from the English solicitor is just this:

"I was hoping that the English Courts would issue the Grants without the need to wait for the Scottish Grants to be issued for FIL.  I am pressing the Court on this point but they usually are sticklers for detail and it is unlikely that they will change their stance"

Which doesn't really answer the why question. 

It may well be the ‘step’ issue you have just mentioned. If, as it sounds, aunt had no eligible family to get letters of administration they may be willing to grant it to your wife in her capacity as Executor of the brother of the deceased estate and beneficiary through that. In that case they would have to wait for the Scottish grants to be issued to prove her as his Executor. 

Indeed, it probably is on retrospect. Thanks for all the input, greatly appreciated.