Letters of administration to deal with brother's estate

p60jo

Hi
My brother passed away intestate in October, leaving our dad, me and my older brother. He had severe learning difficulties due to the whooping cough vaccine when he was a toddler, and had been living in homes and in care in the community since he was six. Mum died in 1994, and my dad and surviving  brother have not seen him since then  (voluntarily) , though they were all at my second wedding reception in 2014. I have continued to visit, and was classed as next of kin by his care facilities, being involved in decision making, and was asked to sort out his funeral and belongings after his death. I have been shocked to just find out that he had £11000 in savings, and the Council who hold his money have asked me to apply for letters of administration in order to claim the money. I filed a form with them to do this, explaining that my dad has not seen him for 30 years, as I wanted to be transparent. They have confirmed that they are happy for me to apply for the money.
Then comes the problem, according to the probate office, my dad should do this, and would be the beneficiary. But we are waiting for an LPA to be registered for his finances, to become effective immediately,  as he is 86 and virtually deaf, and has problems remembering which buttons on his tv remote do what, so I am always being called round because his TV/ Sky isn't working. He wants me to be able to speak to the banks etc on his behalf.
I have emailed the probate office for advice ( 3 weeks ago), but they have not replied yet. Does anybody know if I can just apply for letters, and share the money equally  between us three? If my dad has it all, I know that he will "invest" in a newer Rolex and wander around in a dodgy part of town in a short sleeved shirt in the summer and get mugged, or decide that he should buy a car again so that he doesn't have to rely on me to take him shopping every week. ( he wrote his last car off pulling out in front of somebody a couple of years ago, on the same day he got it back from the repairers as he sideswiped a bin lorry.) He really is a danger to himself.

Thank you in advance , Jo

Keep_pedalling

As his brother you can certainly apply, but intestacy rules mean you father is the sole beneficiary of the estate so unless he still has the mental capacity to voluntary make a deed of variation what is left after you have paid off the funeral expenses has to go to him.

If he does not have the capacity to manage his financial affairs then as his attorney you will need to manage the money for his benefit alone.

TBagpuss

Keep_pedding is correct - your fatehr could gift the moneyto you and your siblings, but you can't just unilaterally decide to take it. If he no longer has capacity then his attonrney would ned to manage it on his behalf. His attrney is required to act in his bet interts so could not then give the money away but could ensurethatit was spent sensibly.  

macman

You can do the paperwork for your father, but the application must be made in his name, in the absence of an LPA. He remains the sole beneficiary unless he renounces the bequest or gifts it to you.

msb1234

As has already been said, you'd need an LPA for your father in order to manage his money. Does your father have enough money to live on? Is he likely to need to pay for care for himself any time soon? You don't actually have to rush into applying for Letters of Administration for your brother. But no, the Mooney isn't yours so you cant have it.

getmore4less

There is the POA option on the grant application that can be used if dad still has enough capacity.

Might be quicker than waiting for LPA.

See notes on section 4 of the application
And
pa12(intestate)

p60jo

Thank you for your replies. We did fill in the power of attorney to go with the application, as it took so long to get my Dad's LPA sorted, but it took so long, I ended up sending them the LPA as well. Unfortunately they then loaded it to a blank application, instead of my brother's and it took another couple of months badgering for them to locate it and sort out the letters of administration. I was then told by the council looking after my brother's money that the bank would release the funds without letters of admin, a few days before the paperwork was finally done. 
I have put the money into Premium bonds to keep it safe, but despite me and my brother advising against it, Dad sold his gold coin collection and has just bought another Rolex!  !!!!!!, well two, the first one, he realised the next day that he couldn't actually do it up on his wrist by himself......
The money will stay there in case he needs care, as he really has plenty of money to keep him going.

Grizebeck

Don't expect a reply from the probate office