Person with PR in prison. Trying to apply for probate.

Marcon

27heaven said:

Very awkward position. 

My daughter had 2 children with a very controlling man. 

They ended their relationship 6 years ago. They were never married. 

After their breakup, he was sentenced to a very hefty prison sentence but still has parental responsibility for the children. 

My daughter lost her life due to his psychological manipulation, so now he is the only living parent with PR. 

I have applied for Letters of administration as I am my daughter’s next of kin and have always helped with her finances. 

By law, as her ex has PR of the children… even from prison, he has the legal right to deal with her estate. He obviously hasn’t applied and won’t be doing so. 

I have  been told, that for my application to be granted, I need to ask him, and he has to sign away his rights to apply. 

As you can imagine, he is the last person on this earth I would be asking, for anything!

My question is, can I have a legal document drawn up that states, if he doesn’t or hasn’t applied to deal with my daughters estate after a certain length of time, then I have the right to do so as her NOK?
This has now been going on for almost two years. 

What a truly ghastly situation.

There's a lot of well intentioned comment building up on this thread, but I think this really is one where you need to get proper legal advice. A step parent doesn't automatically have PR for stepchildren, but I wonder if there's any way she could bring pressure to bear on her new husband? If the ex won't do anything, then possibly the stepmother could make the application on behalf of the girls - but that's definitely one where you need informed legal advice.

elsien

I think you are right. This needs advice from a specialist in the area.

RAS

The Cambridge Family Law Practice has reported a recent case where PR was removed from a parent who abused the mother. But she is still alive.