Intestate advice required

RAS

The first step before you do anything else it to confirm whether they (any member of the family) have actually been granted probate/ administration as per the link above.

If not there are other options available.

Valleyboy76

We found out today that probate has been applied for but not yet granted. We will write to the sibling named as administrator to notify them of our intentions to pursue the matter legally if my wife is excluded. They are handling everything themselves (not using a solicitor) so we will also highlight the fact that as administrator, they are liable if they purposely exclude a beneficiary. Thank you again for the advice.

RAS

In which case, you may be able to enter a caveat. Stopping a probate application - GOV.UK (www.gov.uk) but you need to move fast.

theoretica

If one child is acquiring probate they can exclude some or all other children from consultation, decision making etc, they cannot exclude any child from distribution of their equal share.  (Though if there are mementos 'equal' can get rather fraught and only hard cash really gets taken into account.)

Valleyboy76

Thanks again RAS. We have looked at the caveat previously but did not think it applicable as we are not disputing the probate, just the terms in which the distribution of the estate is being handled (excluding one sibling). We are hoping that a letter to the administrator will suffice and we will also advise them that the matter will be pursued legally if need be.

getmore4less

The caveat would be to stop the application with a sole administrator where there are others with equal right to act that want to be.

They may have applied saying the others do not want to act without asking them all.

RAS

There seem to be a lot of "Chinese whispers" going on here. You don't need to reply here but

Who told your wife that probate had been granted and she would be excluded from the distribution?
Who agreed that a sibling would live in the house to get it ready for market?
Who told your wife that probate had been applied for with one administrator and the other family are excluding her altogether?

Knowing how hard it was to clear a house full of stuff whilst working full-time and the insurance issues re empty property, getting one sibling to clear it seems sensible.

It makes a huge lot of sense for one or two of the siblings to administer the estate. Two would be better.

And knowing that the administrator can't sell the house until probate has been granted, it makes huge sense to apply for probate ahead of the sale. In fact, it would be silly not to do so.

Has your wife got any evidence that the step-siblings are trying to defraud her? 
Has she expressed any interest in any mementoes from the house?
Has she offered to help clear the house? 
Did she ever offer to help administer the estate, and got rebuffed?
Has she actually spoken to the "administrator" and asked them what is happening, as they are the only person who will be able to make legal decisions about the distribution.

It is possible that there are intentions to exclude your wife.
It is possible that her source or another person has misunderstood the legal situation but has no say in the actual administration and distribution. Or even that they are indulging in wishful thinking that's going to be unfulfilled.

I'd start by phoning the "administrator" and asking the what the situation is, and then explain what your wife has been told. The "administrator" may be appalled by what has been said, or start hedging.

By the way, the administrator should have asked your wife if she wanted to be one as well.

Follow up with a note of the conversation.

If it looks like there are any doubts about the distribution, put a caveat on urgently and insist your wife is a joint administrator, now., as suggested by getmore4less.

Rather than facing an arguement post-distribution.

TBagpuss

I agree that the first step is to write to the siblings to ask that they ensure she is fully involved in dealing with  dad's estate. She could propose that she is joint administrator with one or more of them (up to 4 people can be administrators) 

Assuming that she is right and that he did not leave a will, then all of his children  are entitled to share equally in his estate, and the other siblings cannot simply chose to exclude her.

Are they half siblings and was her dad not married to her mum? If so, maybe they incorrectly believe that she is not entitled? 

One the form that they filled in to apply , (https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/934301/pa1a-eng.pdf) they will have been asked about the number of children he had and also had to have make a declaration that the information given was true - hopefully they have not excluded her and are not seeking to prevent her receiving her share of the estate, but if they were to do so then the administrators would be personally liable.