Letters of Adminitration Process

bikeman

Hi

This has probably been asked many times beforfe but the forum search is very slow.

Ex-wife has died with no will. Two daughters.

1. I know that LOA is equiv to probate without a will. But is the process different in that LOA is applied for at the start to give authority to an administrator to gather finance info from banks etc?

2. If so what does the probate office provide us to show authority to the banks? Sorry but Probate Office just dont answer their phone.

3. The LOA application requires details of the estate, how can this be completed without authority to administer? Isn't this a catch22 in that no LOA = banks wont share info?

4. I understand that as next of kin one daughter needs to apply for Letters of Administration and I cannot. However, one of my daughters has completed form PA12 nominating me as her attorney. Is this sent with the LOA or at the start, and will the probate Office provide me, as her nominated attorney, with some sort of proof to show to banks?

5. Is nominating an attorney all of nothing or can she act jointly with me if required?

6. If LOA is applied for after all financial info is gathered, just like probate, how would we gather the financial info without a will naming an executor?

Thank you

Jon1970

So recently been through the process for my brother, the death certificate (actually the notification of fact of death in my brothers case) was all I needed to freeze bank accounts, gather financial information, end mobile phone contracts, use the Tell Us Once service etc etc. Was able to do everything required to then apply for Letters of Administration via the probate office with Letters of Administration arriving by post today.

bikeman

Thanks for your reply but I am not next of kin, so I think I will need more than a death certificate.

Flugelhorn

I was niece of the deceased (no will) - remaining siblings were too elderly, I had the death cert and the bank gave me all the info they needed. They should give this to her daughters - no other paperwork needed

bikeman

Unfortunately daughters cant do this. One lives abroad and other can't get timeoff work, and is reluctant because she wont get paid time off. They want me to deal with this.

Can someone answer my original questions re LOA and PA12. Thanks

Brie

Most financial organisations, even banks, are generally ok to deal with things via a third party if there is a letter of consent that is recently dated.  So if daughter has written something like "I, her name, daughter of XXX who died on 1/2/1, give consent to my former stepfather bikeman of £ Main Street, Bikeville to handle all issues related to XXX's accounts on my behalf."  And then signed, dated, her address.   Might need to include a copy of her ID (driver's licence or passport?) and a copy of something that links you to her family wise.

Solicitors act as a reps for people all the time, the difference here being that you are a somewhat family member rather than a legal eagle.  

Have you asked the bereavement teams of any of the banks what they require?  They deal with all sorts of situations so must know what they need. 

Savvy_Sue

Were you divorced, or legally separated? (ie with a bit of paper to prove it). If not, you might find you can just crack on. 

I do note that you say ex-wife so I'm guessing that's not going to help ... 

bikeman

Can someone please answer my original questions. In summary should PA1A and PA12 be submitted at the start of the process to give an attorney authority to administer or is it the last step to get probate and distribute the estate.

mybestattempt

The PA1A is the application for LOA, it starts the process and should be accompanied by the PA12 appointing you to act for your daughter(s).

You don't need LOA to gather the information required to complete the application. Any authority from your daughter(s) provided now to obtain information from banks etc. to complete the PA1A is separate to the PA12 appointment which will allow you to administer the estate.

bikeman

Thank you. But I'm still puzzled.

The PA1A and PA12 are sent AFTER all estate details are known and allow me to transfer all money into an exec account and distribute? Just like probate.

So how do I show that my daughter has given me authority to gather financial information, shutdown utilities etc? Everyone I've approached so far has asked me if I am next of kin and I'm not. 

Biggest issue is I need her pension to payout so I can settle IHT. They wont speak to me, let alone payout to my exec account (not yet opened).

JGB1955

Have you told these various organisations that you are acting with the authority of the next-of-kin, and ask them (if challenged) what proof they need?