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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33323
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have some queries on the appointment of Administrators under

Customer Question

I have some queries on the appointment of Administrators under Letters of Administration issued by the Probate Court.

The deceased Mother has 5 adult children. She died intestate in September 2013. The father predeceased the mother by 10 years. Neither parent had made a Will . 2 of the children have unilaterally applied and secured Letters of Administration dated 17th February 2014 without the other 3 siblings knowledge and consent. There is a dispute in the family between the children. The 2 Administrators now seek to force the other 3 to buy out their shares in the home which they have valued and inflated with other assets. They have Solicitors who act for them in the Administration although we have never consented to these solicitors acting for the Estate. We the remaining 3 have never been contacted by the solicitors seeking our consent to the appointment:

1. How have the 2 children been able to appoint themselves as Administrators without our knowledge and consent? The 3 children object to the appointment of the other 2.
2. Can we write to the Probate Registry enquiring as to how this was done? Will they suspend the Administration if we complain? Is there a time limit in which this can only be done?
3. If I want to object to the appointment what forms do I need to complete in order to lodge an objection at the Registry? Am I even able to object now given the Letters of Administration have been issued?
4. If the above does not work or you advise against it can we challenge the appointment of the Administrators at Court in which case is there a time limit in such matters and what form would I need to complete and send to the Court?
5. I have asked the solicitors for full disclosure of the assets in the Estate and how the gross value of the Estate in the sum of £491000 has been calculated. Are they obliged to provide this information to the remainder 3 siblings even as we are not named as Administrators on the Grant?
6. If we wish to challenge the manner in which the Administrators are handling the Estate and are forced to file a claim at Court is there a time limit to do this and what is the name of the form on which the claim is to be lodged?
7. The main asset in the Estate is the house. This appears to be valued at £400,00 at the time of death/Grant. The solicitors now say the value has increased by £120,000 ( they appear to have based this on a market valuation made a month ago). They say if we buy out the other 2 at this figure the Estate will have to pay Capital Gains Tax on the difference between the probate value and the current value? Is this correct, will the Estate be liable for CGT? I thought only inheritance tax would be payable and if so on the value of the Estate as calculated on the Grant?
8. Is there any allowance the Estate may well be entitled to in respect of inheritance tax and are we able to claim any allowance for capital gains tax if this is payable?
9. I believe under intestacy all 5 siblings are entitled to a one fifth equal share in the Estate? Is this right? If so can this be challenged? The other 2 have made made no contribution to the house etc and we 3 have, in fact one of the 3 is physically disabled and confined to a wheel chair and needs the house as she lived with mother and the home is adapted for her needs. Mother always desired she have a bigger share of the Estate and helped her financially.

Thank you
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare and I will do my best to help you
1 2 3 and 4
It is a first come first served process - they applied and unless they fail to administer the estate correctly this cannot now be challenged
5 As a residual beneficiary you are entitled to copies of the Estate Accounts when they are prepared and it is not unreasonable to request Interim Accounts
6. Details here
http://www.wrighthassall.co.uk/legal-articles/2013/04/04/removing-and-substituting-executors/
7. If the property sells for more than the Probate Value then either CGT will be payable or the Inheritance Tax will have to be revisited
8. No
9. There is no way this can be challenged although the disabled sibling may be able to make a claim against the estate for further financial provision
I hope that this is of assistance - please ask if you need further details
Clare

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