Who will take on probate?
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Tantrums72
Posts: 1 Newbie
My partner of 10 years died suddenly at the start of this month, and I understand and accept that it's not my place to do probate although I'm sorting his funeral. He has no money in the bank, a worthless car declared SORN and an old cronky (but well loved) VW LT35 (G reg) van. He was not a follower of MSE to put it mildly. His family tracked him down earlier this year and a lot of happy reconciliation has taken place, although we hadn't yet met or been in touch with everyone. He left no will.
He has a daughter with his ex-wife who is 17 years old and therefor can't take it on. He has a 21 year old daughter who he has not had contact with since she was a young child. I am in touch with her now but it is very unlikely she'll want to take it on. He has a mother who has emotional problems and has only just come back into his life, also unlikely to want to take it on. He has a brother and a half brother. His next of kin would, I presume, be his daughters, therefor there is no incentive for anyone to do this. It is only pensions that may have anything of worth in, nearly 12 years In the army and the odd little pension after.
What is my next move if no-one wants to do anything?
He has a daughter with his ex-wife who is 17 years old and therefor can't take it on. He has a 21 year old daughter who he has not had contact with since she was a young child. I am in touch with her now but it is very unlikely she'll want to take it on. He has a mother who has emotional problems and has only just come back into his life, also unlikely to want to take it on. He has a brother and a half brother. His next of kin would, I presume, be his daughters, therefor there is no incentive for anyone to do this. It is only pensions that may have anything of worth in, nearly 12 years In the army and the odd little pension after.
What is my next move if no-one wants to do anything?
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A relative needs to apply for letters of administration. This will enable the deceased’s estate to be administered. Someone has to face up to the responsibility appoint a solicitor to do the job.Tantrums72 wrote: »My partner of 10 years died suddenly at the start of this month, and I understand and accept that it's not my place to do probate although I'm sorting his funeral. He has no money in the bank, a worthless car declared SORN and an old cronky (but well loved) VW LT35 (G reg) van. He was not a follower of MSE to put it mildly. His family tracked him down earlier this year and a lot of happy reconciliation has taken place, although we hadn't yet met or been in touch with everyone. He left no will.
He has a daughter with his ex-wife who is 17 years old and therefor can't take it on. He has a 21 year old daughter who he has not had contact with since she was a young child. I am in touch with her now but it is very unlikely she'll want to take it on. He has a mother who has emotional problems and has only just come back into his life, also unlikely to want to take it on. He has a brother and a half brother. His next of kin would, I presume, be his daughters, therefor there is no incentive for anyone to do this. It is only pensions that may have anything of worth in, nearly 12 years In the army and the odd little pension after.
What is my next move if no-one wants to do anything?0 -
Yorkshireman99 wrote: »A relative needs to apply for letters of administration. This will enable the deceased’s estate to be administered. Someone has to face up to the responsibility appoint a solicitor to do the job.
LoA should not be required, there seems to be nothing of any value to administer. Bearing in mind funeral costs it actually sounds insolvent.
Did your partner nominate any beneficiaries with his pension?0 -
No house?
No one ever has to administer an estate if they don't want to.
If no assets worth bothering about financially, then assist the family with the sentimental stuff and deal with the service pensions.0 -
Tantrums72 wrote: »My partner of 10 years died suddenly at the start of this month, and I understand and accept that it's not my place to do probate although I'm sorting his funeral. He has no money in the bank, a worthless car declared SORN and an old cronky (but well loved) VW LT35 (G reg) van. He was not a follower of MSE to put it mildly. His family tracked him down earlier this year and a lot of happy reconciliation has taken place, although we hadn't yet met or been in touch with everyone. He left no will.
He has a daughter with his ex-wife who is 17 years old and therefor can't take it on. He has a 21 year old daughter who he has not had contact with since she was a young child. I am in touch with her now but it is very unlikely she'll want to take it on. He has a mother who has emotional problems and has only just come back into his life, also unlikely to want to take it on. He has a brother and a half brother. His next of kin would, I presume, be his daughters, therefor there is no incentive for anyone to do this. It is only pensions that may have anything of worth in, nearly 12 years In the army and the odd little pension after.
What is my next move if no-one wants to do anything?
Given how recent his death was, your own grief must be very raw. I'm sorry you are faced with what looks a bit of a mess. Perhaps happily nobody has to do anything if they don't want to - and that includes you. As I think you know, you can't apply for letters of administration because you weren't married or in a civil partnership at the time of your partner's death. It's entirely reasonable that you are sorting out the funeral, given you were together for a decade and he seems to have no close family who would like to take on the task.
The estate could be insolvent, so doing nothing is your best option. If a family member wants to act, let them - but you don't need to chase and you don't need to do anything (and that includes worrying about it).
Pensions generally fall outside the estate, so contact the pension providers and explain the position. You may be entitled to an unmarried partner's pension if you meet the requirements under the relevant rules of each scheme. Ditto his 17 year old daughter, so do tell them about her.Googling on your question might have been both quicker and easier, if you're only after simple facts rather than opinions!0 -
Tantrums72 wrote: »He has ..... a worthless car declared SORN and an old cronky (but well loved) VW LT35 (G reg) van.
Presumably the OP will want to dispose of these somehow? What would be the correct procedure for her to do so given that they are not hers to deal with but, presumably, residing on her property?0 -
nom_de_plume wrote: »Presumably the OP will want to dispose of these somehow? What would be the correct procedure for her to do so given that they are not hers to deal with but, presumably, residing on her property?
It would be quite simple to claim that things like cars are joint assets. The DVLA are only concerned with who is the registered keeper so the V5 is not proof of ownership.
The process of selling them is quite simple so the OP should have no difficulty in disposing of them, although she may find that she may actually have to pay someone to scrap the SORN car. Unless the van is the camper variety that is also likely to have little or no value either.
https://www.gov.uk/tell-dvla-about-bereavement/selling-the-vehicle0 -
Missed this.He has a daughter with his ex-wife who is 17 years old and therefor can't take it on
Who has parental responsibility they could do it or just wait till they are 18.
With the cars there is the risk of intermeddling.
In practice it is easy to offloads as long as the buyer is happy with the situation.
If the OP has a decent handle on finances(10year relationship they may) then it comes down to if there are any debts where a creditor might want to push for administration.
The pensions should be straight forward and the OP may even be eligible.
(service pensions may include long term relationship as weel as souse/civil partner needs checking)0
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