Intestacy and Grant of Representation

Trusts Discussion
1

I wonder if anyone can help me with this.

Instructions taken from ex partner of deceased. They were together 18 years, she moved out 12 months before death into rented property. She has now moved back into deceased’s home owned in his sole name to look after children. They have always lived with father.

No will. Two children. One is 18 next month. Other child is 11.

Re Grant - should instructions be taken from child once attained age 18 on basis that there is a potential conflict as mother has moved back into property. GOR could be taken out in mother’s name and child who will be 18. Or should it be advised to child of 18 to appoint 2 attorneys to take out grant given mother has moved back in and could be conflict if in future children wish to sell.

How do we deal with formalising any arrangement re mother living in property to which she is not entitled?

claire evans
P&F Solicitors

2

You need to think carefully about who you are acting for and in what capacity.

The estate will need two administrators as a minority interest arises under the intestacy. One administrator can the older child once they attain the age of 18 ( if they are happy to be appointed) as an administrator. When the eldest child turns 18 he/she will need separate advice in his/her capacity as a potential administrator and as a beneficiary.

Does the mother have a potential I(PFD)Act claim against the estate?

Sarah Arundel
Taylor Fawcett