Who applies for LOA?

Shelldean

Situation is as follows.
A person has died no will, their Spouse is not able to apply for administrate the estate due to mental capacity.

This couple has several.children, how is it decided who of the children applies for the letters of administration?

They have to agree don't they?
Or say two of them apply jointly?
There is no pecking order when they are all children of the couple?
For example I'm eldest so I'm doing it!


I have been searching online, but all I can find is the list of who can apply when no will.
1.spouse
2.children
But doesn't say what happens when there's several children.

Can someone share with me a link that says what happens in this situation?

xylophone

https://www.co-oplegalservices.co.uk/media-centre/articles-jan-apr-2018/how-to-get-a-letter-of-administration/

If there is more than one person that is able to apply (such as multiple children) then each of these individuals is able to apply for a Letter of Administration. This will be granted to the person that makes the first correct application to Court.

Shelldean

xylophone said:

https://www.co-oplegalservices.co.uk/media-centre/articles-jan-apr-2018/how-to-get-a-letter-of-administration/

If there is more than one person that is able to apply (such as multiple children) then each of these individuals is able to apply for a Letter of Administration. This will be granted to the person that makes the first correct application to Court.

So if one sibling simply goes against the others wishes they get to be administrator??

In this case the majority of the siblings wanted to discuss it and have two of them do it. But one sibling ignored this and just went and did it

So this is allowed??

Keep_pedalling

Shelldean said:

xylophone said:

https://www.co-oplegalservices.co.uk/media-centre/articles-jan-apr-2018/how-to-get-a-letter-of-administration/

If there is more than one person that is able to apply (such as multiple children) then each of these individuals is able to apply for a Letter of Administration. This will be granted to the person that makes the first correct application to Court.

So if one sibling simply goes against the others wishes they get to be administrator??

In this case the majority of the siblings wanted to discuss it and have two of them do it. But one sibling ignored this and just went and did it

So this is allowed??

It would have been better if there would have been  2 administrators, but there is nothing stopping one just going ahead on their own. Do the other sibling have any concerns about the honesty of the one taking it on?

Shelldean

Keep_pedalling said:

Shelldean said:

xylophone said:

https://www.co-oplegalservices.co.uk/media-centre/articles-jan-apr-2018/how-to-get-a-letter-of-administration/

If there is more than one person that is able to apply (such as multiple children) then each of these individuals is able to apply for a Letter of Administration. This will be granted to the person that makes the first correct application to Court.

So if one sibling simply goes against the others wishes they get to be administrator??

In this case the majority of the siblings wanted to discuss it and have two of them do it. But one sibling ignored this and just went and did it

So this is allowed??

It would have been better if there would have been  2 administrators, but there is nothing stopping one just going ahead on their own. Do the other sibling have any concerns about the honesty of the one taking it on?

Long story short, yes there are concerns about the administrator 's honesty!

Marcon

Shelldean said:

xylophone said:

https://www.co-oplegalservices.co.uk/media-centre/articles-jan-apr-2018/how-to-get-a-letter-of-administration/

If there is more than one person that is able to apply (such as multiple children) then each of these individuals is able to apply for a Letter of Administration. This will be granted to the person that makes the first correct application to Court.

So if one sibling simply goes against the others wishes they get to be administrator??

In this case the majority of the siblings wanted to discuss it and have two of them do it. But one sibling ignored this and just went and did it

So this is allowed??

Already answered:

If there is more than one person that is able to apply (such as multiple children) then each of these individuals is able to apply for a Letter of Administration. This will be granted to the person that makes the first correct application to Court.

Shelldean

Marcon said:

Shelldean said:

xylophone said:

https://www.co-oplegalservices.co.uk/media-centre/articles-jan-apr-2018/how-to-get-a-letter-of-administration/

If there is more than one person that is able to apply (such as multiple children) then each of these individuals is able to apply for a Letter of Administration. This will be granted to the person that makes the first correct application to Court.

So if one sibling simply goes against the others wishes they get to be administrator??

In this case the majority of the siblings wanted to discuss it and have two of them do it. But one sibling ignored this and just went and did it

So this is allowed??

Already answered:

If there is more than one person that is able to apply (such as multiple children) then each of these individuals is able to apply for a Letter of Administration. This will be granted to the person that makes the first correct application to Court.

Great, system is open to abuse then! As dodgy sibling was less affected by death of parent. So while others were grieving applied and got granted LOA!!