Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@. Skimlinks & other affiliated links are turned on

Search
  • FIRST POST
    • Apollo Mission
    • By Apollo Mission 4th Aug 18, 11:29 AM
    • 7Posts
    • 0Thanks
    Apollo Mission
    Intestacy - inventory and account
    • #1
    • 4th Aug 18, 11:29 AM
    Intestacy - inventory and account 4th Aug 18 at 11:29 AM
    Hi, I am new to this forum, but I am so in need of some advice.

    My estranged mother died intestate. Her partner died several years back, so any monies, etc should be divided between the 2 children (me being her eldest and from first marriage) The second child (from last marriage) has taken on the role as the administrator.
    I have written to the administrator twice and my solicitor has written to the administrator as well. All letters have been ignored. I obtained the grant of administration from the probate office, but now I am looking to go through the courts myself to obtain / request the inventory and account.
    I have looked online for the form and costs and have found nothing.
    Has anyone done this themselves? and what forms do you fill in?

    Many thanks in advance.

    Apollo.
Page 1
    • Brynsam
    • By Brynsam 4th Aug 18, 12:46 PM
    • 1,740 Posts
    • 1,276 Thanks
    Brynsam
    • #2
    • 4th Aug 18, 12:46 PM
    • #2
    • 4th Aug 18, 12:46 PM
    Please could you clarify? You say you obtained the grant of administration, but the second child has taken on the role of administrator??
    • Tom99
    • By Tom99 4th Aug 18, 1:29 PM
    • 3,099 Posts
    • 2,149 Thanks
    Tom99
    • #3
    • 4th Aug 18, 1:29 PM
    • #3
    • 4th Aug 18, 1:29 PM
    Please could you clarify? You say you obtained the grant of administration, but the second child has taken on the role of administrator??
    Originally posted by Brynsam

    Paid for a copy I think the OP means.
    • Apollo Mission
    • By Apollo Mission 4th Aug 18, 2:47 PM
    • 7 Posts
    • 0 Thanks
    Apollo Mission
    • #4
    • 4th Aug 18, 2:47 PM
    • #4
    • 4th Aug 18, 2:47 PM
    Yes, I paid for a copy of the grant from the government website.
    • SeniorSam
    • By SeniorSam 4th Aug 18, 4:36 PM
    • 1,184 Posts
    • 605 Thanks
    SeniorSam
    • #5
    • 4th Aug 18, 4:36 PM
    • #5
    • 4th Aug 18, 4:36 PM
    Your best course of action is to speak with the court yourself. They will guide you, but some legal action may be needed. It may simply be a matter that the actual Administrator does not understand their legal duties and can be held responsible if they do not carry them out correctly.

    Sam
    I'm a retired IFA who specialised for many years in Inheritance Tax, Wills and Trusts. I cannot offer advice now, so my comments are just meant to be helpful.
    • Brynsam
    • By Brynsam 4th Aug 18, 4:55 PM
    • 1,740 Posts
    • 1,276 Thanks
    Brynsam
    • #6
    • 4th Aug 18, 4:55 PM
    • #6
    • 4th Aug 18, 4:55 PM
    Your best course of action is to speak with the court yourself. They will guide you, but some legal action may be needed. It may simply be a matter that the actual Administrator does not understand their legal duties and can be held responsible if they do not carry them out correctly.
    Originally posted by SeniorSam
    Depends how long ago OP's mother died and when the grant of administration was issued. OP, please could you give the necessary info?
    • Apollo Mission
    • By Apollo Mission 4th Aug 18, 5:25 PM
    • 7 Posts
    • 0 Thanks
    Apollo Mission
    • #7
    • 4th Aug 18, 5:25 PM
    • #7
    • 4th Aug 18, 5:25 PM
    Death end of January this year.
    Grant - end of March this year.

    I just need to find the correct paperwork to file with the probate court, the costs etc.
    Spoke to one probate court and they said I should speak to a solicitor.
    • Yorkshireman99
    • By Yorkshireman99 4th Aug 18, 5:27 PM
    • 4,766 Posts
    • 3,989 Thanks
    Yorkshireman99
    • #8
    • 4th Aug 18, 5:27 PM
    • #8
    • 4th Aug 18, 5:27 PM
    Death end of January this year.
    Grant - end of March this year.

    I just need to find the correct paperwork to file with the probate court, the costs etc.
    Spoke to one probate court and they said I should speak to a solicitor.
    Originally posted by Apollo Mission
    Sound advice. You need a solicitor who deals with contentious probate.
    • Brynsam
    • By Brynsam 4th Aug 18, 5:45 PM
    • 1,740 Posts
    • 1,276 Thanks
    Brynsam
    • #9
    • 4th Aug 18, 5:45 PM
    • #9
    • 4th Aug 18, 5:45 PM
    Sound advice. You need a solicitor who deals with contentious probate.
    Originally posted by Yorkshireman99
    What's contentious about it? Given how recent the death and grant are, it's quite reasonable that the administrator is still in the process of administering! All too often people assume that these things happen instantly, but doing the job properly can take a great deal longer than the four months which has elapsed since the grant.
    • Marcon
    • By Marcon 4th Aug 18, 5:46 PM
    • 560 Posts
    • 415 Thanks
    Marcon
    Death end of January this year.
    Grant - end of March this year.

    I just need to find the correct paperwork to file with the probate court, the costs etc.
    Spoke to one probate court and they said I should speak to a solicitor.
    Originally posted by Apollo Mission
    Possibly they did but that sounds more like back covering than sensible advice. Give it a bit longer - highly unlikely the whole estate can be sorted out in the six months you've allowed.
    • Apollo Mission
    • By Apollo Mission 4th Aug 18, 5:53 PM
    • 7 Posts
    • 0 Thanks
    Apollo Mission
    I would rather take a gamble and get the administrator to present the inventory and account.
    The administrator has failed to respond to any letters.
    There is no property involved, it should be straight forward in administering the estate.

    So what are the forms called?
    • Pun
    • By Pun 4th Aug 18, 10:04 PM
    • 686 Posts
    • 572 Thanks
    Pun
    I would rather take a gamble and get the administrator to present the inventory and account.
    The administrator has failed to respond to any letters.
    There is no property involved, it should be straight forward in administering the estate.

    So what are the forms called?
    Originally posted by Apollo Mission
    The Administration of Estates Act 1925 provides that a personal representative is not bound to distribute the estate before the expiration of one year from the death. You were estranged from your mother, but could it be the other sibling is currently grieving for a loved one and finding it difficult to deal with someone whose only interest (so far as they can see) is getting their hands on the whatever loot they can as soon as possible? Have you actually expressed any sort of sympathy for their loss/offered practical support and help? Might work, might not.

    If you wish to pursue a request for inventory and account, then you do so by means of a summons and supporting affidavit.
    • Apollo Mission
    • By Apollo Mission 4th Aug 18, 11:10 PM
    • 7 Posts
    • 0 Thanks
    Apollo Mission
    No, the sympathy thing hasn!!!8217;t worked. Hard for me as well, but I don!!!8217;t need to divulge on here, I just want to know the forms I need.

    Is a summons a general form, or does the one I need have a reference number?

    Many thanks
    • Yorkshireman99
    • By Yorkshireman99 5th Aug 18, 8:42 AM
    • 4,766 Posts
    • 3,989 Thanks
    Yorkshireman99
    No, the sympathy thing hasn!!!8217;t worked. Hard for me as well, but I don!!!8217;t need to divulge on here, I just want to know the forms I need.

    Is a summons a general form, or does the one I need have a reference number?

    Many thanks
    Originally posted by Apollo Mission
    Sorry to say that you are being naive about the whole process. There is no simple form to fill in. Before you do that certin steps need to be takenThe next thing to do is write a formal letter before action setiing out in unemotional factual terms wheat you want done and give your brother 14 days to reply.I f that fails then you absolutely must consult a solicitor as to how to proceed. The most common thing is to try mediation. Court action really is the last resort.
    • Tealblue
    • By Tealblue 5th Aug 18, 10:24 AM
    • 778 Posts
    • 1,109 Thanks
    Tealblue
    Hi, I am new to this forum, but I am so in need of some advice.'So in need...' Why the drama? There's no evidence at all that your half-sibling has done anything wrong

    My estranged mother died intestate. Her partner died several years back, so any monies, etc should be divided between the 2 children (me being her eldest and from first marriage) The second child (from last marriage) has taken on the role as the administrator.It was always open to you to apply to be the administrator, or you could have applied jointly
    I have written to the administrator twice and my solicitor has written to the administrator as well. All letters have been ignored.Three letters including a formal one from a solicitor, all within 6 months of the death? Sounds like your half-sibling has gone to ground in protest at such a heavy-handed approach I obtained the grant of administration from the probate office, but now I am looking to go through the courts myself to obtain / request the inventory and account.What on earth for? If you've heard nothing by the end of the year, that might be the time to consider what action to take, but for now just try a bit of patience
    Originally posted by Apollo Mission
    You asked for advice - please see comments in red above.
    Last edited by Tealblue; 05-08-2018 at 11:45 AM.
    • Dox
    • By Dox 5th Aug 18, 1:07 PM
    • 1,017 Posts
    • 792 Thanks
    Dox
    I would rather take a gamble and get the administrator to present the inventory and account.
    The administrator has failed to respond to any letters.
    There is no property involved, it should be straight forward in administering the estate.

    So what are the forms called?
    Originally posted by Apollo Mission
    Not sure what you mean by 'taking a gamble' - do you know? You seem to be pretty blinkered - what makes you think your sledgehammer to crack a nut is a good idea, especially if the nut remains intact...?

    Your happy assertion that 'it should be pretty straightforward' betrays the fact you have never had to wind up an estate. Whoever is responsible for doing so is personally liable for any mistakes (e.g. not settling outstanding debts which aren't immediately obvious and could come to light some months after the death). Anyone with any sense isn't going to be hurried by someone who is impatient to get their share of the spoils and has little idea of the tedious and often protracted processes which can be involved on the (apparently) simplest of estates.

    Why the urgency?
    • Apollo Mission
    • By Apollo Mission 6th Aug 18, 9:21 AM
    • 7 Posts
    • 0 Thanks
    Apollo Mission
    Good grief, you have to laugh.
    I will not be drawn into how and why I am pursuing the administrator on a forum, all I wanted were the correct forms.
    • Robin9
    • By Robin9 6th Aug 18, 11:54 AM
    • 3,360 Posts
    • 2,189 Thanks
    Robin9
    You can go to court if you like but expect the court to throw the application out on the grounds of "reasonableness".

    You will make a bad situation worse.
    Never pay on an estimated bill
    • Yorkshireman99
    • By Yorkshireman99 6th Aug 18, 12:32 PM
    • 4,766 Posts
    • 3,989 Thanks
    Yorkshireman99
    Good grief, you have to laugh.
    I will not be drawn into how and why I am pursuing the administrator on a forum, all I wanted were the correct forms.
    Originally posted by Apollo Mission
    How many times do you have to be told there are no forms, other than statement of clam. You have to make your own case in writing in a staement attached. To do that you need some understanding of how to draft it. From what you have said you will fail. unless you get a professional to help. Either get that help or give up as you will get no relevent help from here. Sorry to be blunt!!!!!
    • getmore4less
    • By getmore4less 6th Aug 18, 1:07 PM
    • 33,592 Posts
    • 20,320 Thanks
    getmore4less
    Hi, I am new to this forum, but I am so in need of some advice.

    My estranged mother died intestate. Her partner died several years back, so any monies, etc should be divided between the 2 children (me being her eldest and from first marriage) The second child (from last marriage) has taken on the role as the administrator.
    I have written to the administrator twice and my solicitor has written to the administrator as well. All letters have been ignored. I obtained the grant of administration from the probate office, but now I am looking to go through the courts myself to obtain / request the inventory and account.
    I have looked online for the form and costs and have found nothing.
    Has anyone done this themselves? and what forms do you fill in?

    Many thanks in advance.

    Apollo.
    Originally posted by Apollo Mission
    Use your solicitor.

    Why did you not become joint admin you had equal standing?

    If you suspected this might go bad then you should have put in a caveat to ensure you would be included in the administration.


    DO you have any evidence to back up the need to be given the I&A.

    How will you know it is accurate?
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

1,445Posts Today

6,973Users online

Martin's Twitter