PROBATE FORM PA12

Desireable1

Hi 
I am applying for administration in that of my fathers intestate estate.  I have sent in form PA12 with my name as representative and that of my brothers name added also.  My brother has mental health issues and will need me to sort his monies out as well.

However, the courts want me to withdraw form PA12 as I have my own right to apply for grant itself as being the daughter of the deceased.   But the form states who is entitled to the deceased estate both me and my brother.   

Desireable1

Desireable1 said:

Hi 
I am applying for administration in that of my fathers intestate estate.  I have sent in form PA12 with my name as representative and that of my brothers name added also.  My brother has mental health issues and will need me to sort his monies out as well.

However, the courts want me to withdraw form PA12 as I have my own right to apply for grant itself as being the daughter of the deceased.   But the form states who is entitled to the deceased estate both me and my brother.   

Desireable1 said:

Hi 
I am applying for administration in that of my fathers intestate estate.  I have sent in form PA12 with my name as representative and that of my brothers name added also.  My brother has mental health issues and will need me to sort his monies out as well.

However, the courts want me to withdraw form PA12 as I have my own right to apply for grant itself as being the daughter of the deceased.   But the form states who is entitled to the deceased estate both me and my brother.   

Do I withdraw the form or leave it in place?   The courts say remove it, but I don't want an untrustworthy rivalry sibling taking Power of Attorney for my brother when sorting out my mother's estate.  

Savvy_Sue

The Probate form / applying for letters of administration and Power of Attorney are two very separate things. Did the form indicate that your brother lacked capacity (if he does) to act? Because they would not name him if he can't do the job alongside you. 

Desireable1

It wasn't power of attorney I was doing it was an intestate estate, which me being the first listed is applying for grant and my brother listed as he is a beneficiary. 

poppystar

You use for PA1A to apply for Letters of Administration. This will give you the power to deal with the estate which will of course include your brother’s inheritance. 

AIUI PA12 would used where the only person entitled to get Letters of Administration is unable to and needs someone to do the process for them. In this case it’s not applicable as you are entitled and can do it.

You mention a bit further down about other siblings I think? If they exist then apply quickly yourself as they are equally entitled to apply. 

Keep_pedalling

There is never a need to fill in PA12 for an intestate estate, it is used where there is a will and a named executor wishes for someone else to act for them. So yes it needs to be withdrawn.

You can then apply for letters of administration alone. Once you have it you can distribute the estate, your sibling does not need to be involved in the administration.

Desireable1

Thank you for your helpful comments.  Might I also add, that if I ask the courts to remove the PA12 will I have to re-apply for administration or will it just go through the courts then?