Letters of Administration with Will Annexed 3 January at 4:31PM in Deaths, funerals & probate 8 replies 292 views

klambert

Hello,

My mother passed away a few months ago, unmarried and left her estate to myself and my other siblings (her children).

The will we have located is old, and the executor has renounced their rights (form PA15). Myself, and my siblings are the only beneficiaries of the will and it is to be split between us equally.

We have called the probate office, and they have advised that if any of us three children apply to administer the estate then the administrators give up their right to inherit anything from the estate.

This feels incorrect! And I cannot find any guidance on the HMRC website that indicates that this is the case.

Has anyone had experience with this, and can you point me in the right direction?

Thank you!
Katherine

Mojisola

klambert said:

My mother passed away a few months ago, unmarried and left her estate to myself and my other siblings (her children).

The will we have located is old, and the executor has renounced their rights (form PA15). Myself, and my siblings are the only beneficiaries of the will and it is to be split between us equally.

We have called the probate office, and they have advised that if any of us three children apply to administer the estate then the administrators give up their right to inherit anything from the estate.

This feels incorrect! And I cannot find any guidance on the HMRC website that indicates that this is the case.

I would contact them again.
Executors/administrators can also be beneficiaries of an estate.

Keep_pedalling

Sounds like a misunderstanding or you spoke to an idiot there is nothing stopping a beneficiary administering an estate.

msb1234

I am the executor of my mums estate, and also a beneficiary. I think you’ve either misunderstood or as already said, you’ve spoken to the tea boy!!!

p00hsticks

Keep_pedalling said:

Sounds like a misunderstanding or you spoke to an idiot there is nothing stopping a beneficiary administering an estate.

I agree - witnesses to a will cannot be beneficiaries, but executors certainly can - I doubt if many would take on the task otherwise !

Marcon

klambert said:

Hello,

My mother passed away a few months ago, unmarried and left her estate to myself and my other siblings (her children).

The will we have located is old, and the executor has renounced their rights (form PA15). Myself, and my siblings are the only beneficiaries of the will and it is to be split between us equally.

We have called the probate office, and they have advised that if any of us three children apply to administer the estate then the administrators give up their right to inherit anything from the estate.

This feels incorrect! And I cannot find any guidance on the HMRC website that indicates that this is the case.

Has anyone had experience with this, and can you point me in the right direction?

Thank you!
Katherine

There certainly is a crossed wire somewhere. Please could you clarify the title of your thread - not sure how this ties in with your question:

Letters of Administration with Will Annexed

klambert

@Marcon, thank you.

The title is specific to the issue, as many people have advised it is very common generally speaking, for administrators / executors to benefit from the estate.

When we spoke to HMRC, because the executors have resigned their rights to administer the estate, in this particular instance we aren't able to both apply for probate and benefit from the will.

This particular grant of representation (from what google has told me!) is "Letters of Administration with Will Annexed"

RAS

Sorry, this is not true.

When our mother died, she had a very old will. One executor had retired and the other was now a hot-shot commercial lawyer. Both renounced their executorship.

Myself and one sibling administered the estate "with will." We ALL inherited equal shares of the estate.

There is no prohibition on administrators inheriting from an estate, whether intestate or with will.

You can't witness a will and inherit, but that's a different issue.

Marcon

klambert said:

@Marcon, thank you.

The title is specific to the issue, as many people have advised it is very common generally speaking, for administrators / executors to benefit from the estate.

When we spoke to HMRC, because the executors have resigned their rights to administer the estate, in this particular instance we aren't able to both apply for probate and benefit from the will.

As RAS has said, that's quite simply wrong. Sounds as if you got someone on work experience!