Substitute Letters of Administration

(Jane Knight ) #1

I am acting for a Client whose Father died some years ago. Father was unmarried but left several children. He died intestate, so the estate devolves to his Children. One of the Children has already obtained a Grant of Letters of Administration, purportedly on behalf of her Mother, who was not married to the deceased. It may be that the Grant was obtained fraudulently, or certainly by misrepresentation of the facts.

The Probate Registry will not investigate the circumstances themselves and advise that my Client should make a fresh application for a Grant, at which point his sibling, who has already obtained the Grant referred to will be challenged to accept my Clients application, and to surrender her Grant, or to oppose our application. Can anyone advise on the wording to be included in our application for the new Grant, to refer to the existing Grant, which needs to be cleared off?

Jane Knight
M. R. Timms & Co

(John Cartlidge) #2

The ages of the children are not noted in your post. Might it be the grant was correctly taken by one adult child entitled and the mother* of any minor child(ren)?

(*Possibly represented by an attorney.)

John Cartlidge
Campion Solicitors

(Jane Knight ) #3

All of the children are middle aged and the Grant has been obtained by one child solely for the benefit of Mother, who was not married to the deceased and therefore had no entitlement under the Intestacy Rules.

Jane Knight
M. R. Timms & Co