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Joshua, Lawyer
Category: Law
Satisfied Customers: 30008
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My estranged sister has been granted the administer of my

Customer Question

My estranged sister has been granted the administer of my mother’s estate as there was no will can I also apply?
JA: Estate laws vary by location. Where are you located?
Customer: Cumbria
JA: What documents or supporting evidence do you have?
Customer: Letter signed by district registrar.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: my mother had Alzheimer’s and had been sectioned I was granted guardianship as no one else wanted to take on the responsibility.
Submitted: 14 days ago.
Category: Law
Expert:  Joshua replied 14 days ago.

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

I am very sorry to read of the above and please accept my sincere condolences for your loss. I will certainly try to clarify the position for you.

May I confirm how many siblings you have in total and whether all of you are your mother's natural or adopted children as opposed to stepchildren please?

Customer: replied 14 days ago.
3 natural siblings.
Customer: replied 14 days ago.
I live in Cumbria yet the letter of Administration is from Liverpool which I find strange as my Solicitor had placed a caveat with the Court to notify him if she tried to apply.
Expert:  Joshua replied 14 days ago.

thank you. It should not have been possible for your sister to obtain probate of the caveat had been entered unless the caveat had expired as they do after six months or if there was a clerical error in respect of the carrier so that there was a misspelling of your mother's name.

In any event, if probate has been granted, you have an equal right to apply for a so-called " double grant" - that is to say a further grant of probate in your own name which will give you equal authority to act alongside your sister. You will need to contact the local probate registry to advise that you wish to make the application as there is a special oath that they will need to send you to swear in front of a local solicitor in this regard. If you are not certain of the local probate registry, you can find contact information of the following link selecting "probate":

Customer: replied 14 days ago.
She is demanding things from us should I go to my solicitor and get him to reply? Thank you
Expert:  Joshua replied 14 days ago.

it seems to me, you may wish to prioritise an application for a double grant in order to put yourself on equal footing with your sister. In terms of the demands that are being made of you, it rather depends upon what those demands are but it seems to me, the important application is the above rather than becoming sidetracked in other matters. however, you may wish to clarify with your solicitor how your sister managed to obtain probate if a caveat was properly registered particularly if you paid the service to be performed by your solicitor

Customer: replied 14 days ago.
Thank you I’m going to phone my solicitor.
Expert:  Joshua replied 14 days ago.

I'm glad the above is of some assistance but if you have any further questions, please revert to me.

Customer: replied 14 days ago.
Thanks I’m having difficulty getting hold of my solicitor so I will revert back to you as I’ve spoken to my siblings. I might call you tomorrow if I can’t speak to my solicitor. Thank you again.
Expert:  Joshua replied 14 days ago.

I trust the above answers all your questions for now. If you have any follow up questions please do reply back to me.

Expert:  Joshua replied 13 days ago.

Thank you again for visiting JustAnswer and see you again in the future I hope.