Probate Help Please

[tizi]

I am the executor of my mother's will and I've just discovered that the probate registry has granted letters of administration to someone else. I don't understand how this could've happened because I thought that letters of administration were only granted when there was no will. Can anyone explain how this could happen and what I can do about it? Thanks for any advice....

[Barmaid]

I agree tizi, this is odd. There are two types of Letters of Administration. One is Letters of Administration with will annexed, which is when there is a will but the named executors are dead, unable or unwilling to act. The other is LoA - which like you say is when there is no will.

Is it possible that your mother made a new will and perhaps those executors are unable to act?

Failing this, I should contact the probate registry - ideally you want a copy of the oath that the administrator swore. If they won't assist, I suggest you get a solicitor involved.

You will need to apply to have the Grant set aside (this is easier if the other side consent) - assuming the Will under which you are appointed as executor is valid.

[dzug]

Very odd. I can't remember exact Probate Office procedures but it would appear that whoever took out the Letters of Administration has lied to the Probate Office about your existence, or at least told them you didn't want to be involved. Normally they'd want your signature for the latter. This is regardless of whether it's a no will situation or another will/no executor one.

Here's hoping there's a more innocent explanation.

[factor-fiction]

How recent was the will? Could it have been superseded by a later will?

[tizi]

Thanks for your replies. I've been told by the probate registry that letters of administration were granted without a will annexed so I'm assuming that my sister [who is fully aware of the will's existence and its contents] was not honest with the probate registry when she made the application but I have asked for a copy of the grant. If my assumption is correct does the probate registry have any power to revoke the letters of administration or is it down to me to make an application for the grant to be set aside. I should add that there is no other will and I have had advice that it is valid for probate purposes. I'm also curious to know whether the probate registry has any power to exercise a sanction against a dishonest applicant...any comments would be very welcome.

[themas]

I think Barmaid is a barrister, so you can accept her advice - you need to do what she says in her final para. The Probat Office ought to help you by advising how you go about it, but you will almost certainly need a solicitor.

There ought to be some sanction against your sister - she has presumably lied under oath - but you need Probate Office or solicitor's advice on this.

[iwcprobate]

Is the distribution of the estate different under the laws of intestacy than the Will? In other words are the beneficiaries different or the same? If somebody is losing out this becomes a big problem and a lawsuit could follow. Perhaps you could visit our website at www.iwc-ltd.co.uk and make contact.