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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34275
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I am an Administrator of the estate. Estate is Intestate, six

Customer Question

I am an Administrator of the estate. Estate is Intestate, six beneficiaries and each should receive equal share according to laws of intestacy. I obtained grant of probate in August 2011, and one sibling has been in occupation of the estate properties, and I have brought proceedings against him that he pays occupational rent and allow the property to be put up for sale. He has now brought a counter claim of Proprietary Estoppel and Inheritance Claims Act, claiming my mother promised him he could have the properties. He did not claim within the six months time limit from grant of probate, but only when I had started proceedings in May 2014 did he make up this counter claim. The properties are in a trust we are tenants in common, there is £36K in the trust fund. I am the only Administrator and three siblings want the money to be used for litigation from the trust fund and three are against. Three cannot afford to pay themselves to claim for their share and want to use the funds, I myself as Administrator cannot afford the cost of Mediation and court costs as I am on a low income and have no savings, and teh only option available is to use the trust fund for legal fees, but the three other siblings are aware of our financial situation and wont allow to have access to the trust fund, and if I do use any money from the trust funds
they say I will have to pay it back immediately or they will get a court order to stop the funds from being used. Please can you advise? also can I access legal aid if I am on low income receiving tax credits?
Best regards
Mr Mahmood
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Just to check - the money in the Fund came directly from your mother's estate - is that correct?
Clare
Customer: replied 3 years ago.

Yes money came from my mothers savings but I had also put into her account whilst she was alive £10.5K, but now forms part of the estate I believe so not sure if I can claim this amount. But if i do some beneficiaries will challenge it.

Expert:  Clare replied 3 years ago.
Hi
In fact you are fully entitled to use this money on Legal fees as Administrator of the Estate - neither you nor any of the beneficiaries are expected to contribute towards these costs of the Estate.
If your sibling wins then his costs may also have to be paid by the estate - if he loses he may have to pay the costs of the estate - but you personally pay nothing.
The siblings who object to your doing this have no legal leg to stand on
Clare
Clare and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Hi Claire,

Thank you for the advice, I just want to ensure that As Administrator of the estate that I preserve the interests of the remaining beneficiaries against the one beneficiary that I have brought proceedings against for occupation of estate property and any costs involved can be utilised from the trust fund?

And that I am acting in the interests of the estate and no other beneficiary should object to me taking the action I am taking to ensure all get an equal share.

Expert:  Clare replied 3 years ago.
Hi
You are in fact under a duty to realise all the assets in the estate - so you have to take action to evict your sibling so that you can sell the house
To do that you need to use the other assets in the estate to pay the court fees - and you are fully entitled to do so
Clare