Letter of admin

pothole71

I posted before but on a different section apologises for that.
Both my wife’s parents did not have a will and the house they bought in 1955 was  never registered with the land registry.
Her dad died in 2016, my wife got the letter of administration to handle his estate.
Her mum died in 2023 my wife also got the letter of administration to handle her estate to distributed the estate between her sister, herself and her brothers two children.
We had trouble with the house involving a scam,  and the solicitor advise us to put it in my wife’s name, that was August last year, after many low offers we finally got a buyer with the asking price at the end of December.
Now land registry have asked for A letter of administration de bonis non before it can be registered in my wife’s name.
The  solicitor wants £1500 to get this letter, and requires her mums death certificate, but the house is solely in her dads name. I would do it myself but I don’t know how difficult it is to get this de bonis non, and do I need it for my wife’s dad or mum. We already have two Letters of administration for both parents, any ideas who we need to get it for to satisfy the land registry.
i tried to call them but no joy, we are assuming the solicitor sent off both letters.

Mands

pothole71 said:

I posted before but on a different section apologises for that.
Both my wife’s parents did not have a will and the house they bought in 1955 was  never registered with the land registry.
Her dad died in 2016, my wife got the letter of administration to handle his estate.
Her mum died in 2023 my wife also got the letter of administration to handle her estate to distributed the estate between her sister, herself and her brothers two children.
We had trouble with the house involving a scam,  and the solicitor advise us to put it in my wife’s name, that was August last year, after many low offers we finally got a buyer with the asking price at the end of December.
Now land registry have asked for A letter of administration de bonis non before it can be registered in my wife’s name.
The  solicitor wants £1500 to get this letter, and requires her mums death certificate, but the house is solely in her dads name. I would do it myself but I don’t know how difficult it is to get this de bonis non, and do I need it for my wife’s dad or mum. We already have two Letters of administration for both parents, any ideas who we need to get it for to satisfy the land registry.
i tried to call them but no joy, we are assuming the solicitor sent off both letters.

It looks like you posted here, yesterday, and had a couple of responses. 

https://forums.moneysavingexpert.com/discussion/6651468/letters-of-administration-de-bon-is-non#latest

Land_Registry

pothole71 said:

I posted before but on a different section apologises for that.
Both my wife’s parents did not have a will and the house they bought in 1955 was  never registered with the land registry.
Her dad died in 2016, my wife got the letter of administration to handle his estate.
Her mum died in 2023 my wife also got the letter of administration to handle her estate to distributed the estate between her sister, herself and her brothers two children.
We had trouble with the house involving a scam,  and the solicitor advise us to put it in my wife’s name, that was August last year, after many low offers we finally got a buyer with the asking price at the end of December.
Now land registry have asked for A letter of administration de bonis non before it can be registered in my wife’s name.
The  solicitor wants £1500 to get this letter, and requires her mums death certificate, but the house is solely in her dads name. I would do it myself but I don’t know how difficult it is to get this de bonis non, and do I need it for my wife’s dad or mum. We already have two Letters of administration for both parents, any ideas who we need to get it for to satisfy the land registry.
i tried to call them but no joy, we are assuming the solicitor sent off both letters.

Reading this post and your other thread it appears that the property was actually solely owned by the late Father. As such when he dies the legal ownership formed part of his estate. As he had no will letters of administration were required to deal with his estate and therefore the property.
If nothing was then done, for example the administrator did not transfer the legal ownership, the property remains part of his estate
When her Mother died letters of administration were not required with regards the property as it was still part of her late Father's estate. 
Letters de bonis non would normally be required to create what's known as a chain of representation so for example if her Mother was her Father's administrator and then your wife was her Mother's administrator. But from what you have posted above that appears not to be the case and your wife was administrator for her late Father - if we've asked for letters de bonis non something else is presumably involved so worth double-checking if Father was the sole legal owner - happy to take a look if you DM the title number involved
Hopefully I have read and understood the specifics involved

pothole71

https://forums.moneysavingexpert.com/discussion/comment/81854776#Comment_81854776

in a nutshell, father died in with the deeds in his name, her mum had early symptoms of dementia so my wife acted as attorney of her behalf, obtaining the letter of administration for his estate.

She went into a home we got a court of protection order for her under the mental capacity act to act as deputies to make decisions in relation to her affairs and property.

She passed and my wife obtained Letters of administration for the estate, my wife was advised by the solicitor she had all that was needed for first registration in her name ready for the sale.

But then the land registry are asking for the de bonis non, when we and the solicitor assumed we had all in place for a smooth transfer.

I am not certain what questions the solicitors have asked the land registry for clarification, it seems they have just accepted it so they can charge more money to get a probate grant that they informed us we had already.

It is impossible to speak on the phone to the land registry, I spoke to them on Jan 2nd and got straight through we now had a buyer could they speed up the process which they did within 10 days.

poseidon1

https://forums.moneysavingexpert.com/discussion/comment/81857433#Comment_81857433

I suspect the point here is your wife as attorney for your mother did not complete the administration of the father' estate, since there was neither a transfer of the property out of his name to his widow ( during her lifetime), or any attempt to do so, thereby leaving that part of the deceased' father's estate unadministered.

As the LR representative in their post refers, this is where completion of the form Cap A5C to obtain letters de bonis non comes into the picture to fill the gap left by the father's unadministered estate and establish the 'chain of representation' they require for the registration process.

The following article explains under what circumstances a grant de bonis non becomes necessary and everything you have related appears to fulfil the parameters ( ie mother also died without a Will) -

https://www.phrsolicitors.co.uk/legal-services-for-individuals/wills-and-probate/resources/what-grant-de-bonis-non-administratis

if you take the time to examine the Cap A5C you will see that it is designed to provide an additional grant overlay to the previously incomplete estate administration .

Whether you are able to complete the Cap A5C yourself with a suitable narrative to explain the relevant facts, only you can judge. You will note that thus far no one has joined this thread to indicate they have successfully undertaken this process on a DIY basis or even attempted to do so.

However, the following recent exchange by experienced practitioners on the Trust Discussion forum in a similar scenario, does illustrate how certain aspects of this process can be challenging even for professionals.

https://trustsdiscussionforum.co.uk/t/capa5c-and-tax-help-needed-asap/28502