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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10457
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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my sister died suddenly last month, i have tried to claim some

Customer Question

my sister died suddenly last month, i have tried to claim some money from her pension but they say i am not the next of kin, our father is. my sister would turn in her grave if he got anything of hers.me and my other sisters have paid for the funeral. how do i get letters of administration or grant of probate?
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.

Hi there,

Thanks for your enquiry.

If your sister did not leave a Will, her Estate gets distributed in accordance with the strict Intestacy Rules, and whoever is entitled to her Estate has to apply for Letters of Administration.
If your sister was unmarried and had no children, then I'm afraid to say, that any surviving parent(s) is entitled to her Estate under Intestacy.
There is no relaxing of these rules even if your sister had not seen your father for years or didn't get on with him.

Therefore, it is up to your father to obtain the Letters of Administration. However, if he was willing to give up his entitlement to your sister's Estate, he can "renounce" his entitlement. This Form would need to be prepared by a local Wills/Probate Solicitor. If this happened, you or your sisters are then free to apply for the Letters of Administration and distribute the Estate equally between you.

I am sorry this is not the answer you were looking for, but it sets out the legal position.

Kind Regards
AL
Aston Lawyer and 2 other Law Specialists are ready to help you
Customer: replied 3 years ago.
My father has signed a letter to say I can claim my sisters pension fund, can this be used to get a power of attorney or to renounce his claim for administration, or will it help with a grant of probate?
Expert:  Aston Lawyer replied 3 years ago.

Hi again,

A letter on its own is not sufficient, I'm afraid. There is a form with appropriate wording that your father would have to sign and which would then be lodged at the Probate Registry when you or one of your siblings applied for Letters of Administration.

(Just ot confirm- Letters of Administration is the document you or your sisters have to obtain before dealing with hte Estate. A Power of Atorney is only valid during someone's lifetime)

Kind Regards

AL

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