Probate Registrar to Appoint Guardian in Intestacy Where Minority Interest Arises

Trusts Discussion
1

I have had an enquiry today and whilst I know (or at least think I know) the answer (in theory) I do not know the mechanics, forms and processes having never done one before, and cannot find anybody who has! I appreciate I can ask the Registry and they are great, but I would welcome comments before doing so, not least so I don’t appear a great idiot on first application.

Widower, intestate, one minor child (aged 14) with social services appointed foster carers because dad was too ill to care for her.

The deceased leaves a surviving brother, and sisters-in-law so the child has an uncle and aunts.

Estate is modest property and some money; no IHT.

A minority interest arises so two administrators / trustees required.

Solution; Application to Registrar to appoint the Uncle and an Aunt as guardians purely for the administration of the estate until the child is 18; application supported by affidavits. That’s the theory Tristram & Cootes 132.

But what does one actually do???

John Cartlidge
Campion Solicitors

2

What one actually does is put it all in the Oath (including some classy wording from Tristram and Coote) and that will do the trick. I don’t see any reason why you should need separate affidavits, when whatever needs swearing to can be incorporated in the Oath and be sworn to there.

Julian Cohen, Solicitor

3

Many thanks Julian.

Referring to T&C I note form 132 but that includes …Guardian appointed by order of the Registrar…" and so I presumed a prior application required for such an order. If you have done one like this I should be grateful for the wording / form you used.

John Cartlidge
Campion Solicitors