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The 'LAW' governing Intestate administrators duties.

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  • The 'LAW' governing Intestate administrators duties.

    What is 'THE LAW!' Governing 'Intestate probate' Administrators or Personal representatives duties and conduct?
    What are they specifically liable for?
    What must they be seen to be doing?
    In an 'Intestate', probate (In that the was no 'Last will and Testament' found to be made and left by the deceased).
    It's easy enough to find information on the hierarchy of benefactors and who might apply to be an Administrator (PR).
    But what are the specific legal duties and rules that pertain to an Administrator (Not an Executor) but a Personal Representative in a Intestate probate (No Last Will and Testement found)
    For example: Is an Administrator (PR) legally bound to communicate with a all benefactors?
    I've read on this forum that it's the duty of an Administrator to see that all estate assets are to be sold for their 'BEST VALUE'. Is the any where on the Internet, or in any book of law, that confirms and reafirms, this statement?
    I've also read on this forum that an estate has to be divided 'equally' between the benefactors in an Intestate probate. EQUALLY. I have to ask again, Is this from a 'book of law'? A stated law, outside of this forum.
    When and where did these laws come to pass, and can anyone possibly point me to where I might find print, or conformation, of these laws outside of this forum? I'm not trying to be rude. I'd just like to see the specific rules that applied to an Administrator reaffirmed outside of the LegalBeagles forum.
    I'd like to know specifically what laws apply to an Intestate probate Administrator (PR). What they can and can't do? What is expected of them. What the LAW states?
    Again, for example: Do Administrators have to be transparent and communicate with all beneficiaries and other Administrators?
    Is this written somewhere outside of this forum. As everywhere I've looked on the Internet, the rules pertaining to Intestate Administrators seem to be pretty vague and generalized. Are the rules of conduct to be followed that specifically apply to a Intestate probate Administrator. I'm not so much bothered about the rules of conduct that apply to an Estate Executor, (Who follows the decree of a Last Will and Testament) but I'm interested in the laws and rules of conduct of an 'Intestate probate Administrator'.

    Also, Can 'benefactors' legally sell off chattels before they even become Administrators? Chattels that amount to many thousands of pounds, like antiques and gold coin collections for example. The money generated from these hasty sales, to be enjoyed singularily by the benefactor. Whilst no other estate benefactor is offered, or even see's a penny of any of the proceeds, at that pre 'Grant of Administration' moment in time. That being, before anything legal has been granted, issued, or drawn up?
    Maybe they present a couple of receipts for hastily sold off items, as they enjoyed the money, long before anyone else even gets a glimpse? Is this Legal???
    Tags: None

  • #2
    Re: The 'LAW' governing Intestate administrators duties.

    Try https://www.gov.uk/browse/births-deaths-marriages/death
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb


    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.


    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

    Comment


    • #3
      Re: The 'LAW' governing Intestate administrators duties.

      Thank you Charitynjw. For your link. However it only covers a very small and vague aspect of who recieves what.

      "The estate is shared equally between the children or their descendants.
      If a son or daughter has already died, their children (the grandchildren of the deceased) inherit in their place."

      Who defines, what is equal? Also what about the 'Best value' of estate items?

      For example, my brother lives in an estate property that has been in contention for 180 weeks. He owes back rent on this property for the same 180 weeks. He claims his rent was £35.00 a week. However a retrospective vauation of the property was made that claims that the rent for his flat should of been £70.00 per week. That's double what my brother claims. As he is an Administrator and so am I, is it not our duty to the estate to see that the best value is acheived from the property. That value being £70.00 a week, not as he is claiming with no formal lease £35.00 a week.That's £6,300.00. What is his duty to the estate. It seems he has a vested interest in keeping the rent low. Seemingly against the interest of the estate and his Administrative duty.
      Last edited by paddyhaig; 14th March 2017, 08:20:AM.

      Comment


      • #4
        Re: The 'LAW' governing Intestate administrators duties.

        Just asking are you joint administrator now ? did you mange to get rid of the sols you took on?
        Who does your brother pay rent to?

        Comment


        • #5
          Re: The 'LAW' governing Intestate administrators duties.

          Try this link to Administration of Estates Act 1925 for starters: http://www.legislation.gov.uk/ukpga/Geo5/15-16/23.

          Then trawl though whatever case law you can find!
          Starting point? https://www.cilex.org.uk/pdf/U14%20W...Jan%202012.pdf

          Comment


          • #6
            Re: The 'LAW' governing Intestate administrators duties.

            Just yesterday I had to re-hire the original solicitor that I'd had an LO judgement against. As painful as it was, it's seemingly the most practical way of addressing the fact that he is my POA representing me on the 'Grant of Administration'.
            My brother used to pay rent to my mother until she passed away. After her passing he simply lived rent free in the property. Supposedly to make good on his rent in arrears at the culmination of the estate.

            Comment


            • #7
              Re: The 'LAW' governing Intestate administrators duties.

              That extra £3.8k bone of contention needs to be decided one way or the other.
              As always in these cases, it's best done amicably.
              Contentious probate is likely to be horrendously expensive.
              CAVEAT LECTOR

              This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

              You and I do not see things as they are. We see things as we are.
              Cohen, Herb


              There is danger when a man throws his tongue into high gear before he
              gets his brain a-going.
              Phelps, C. C.


              "They couldn't hit an elephant at this distance!"
              The last words of John Sedgwick

              Comment


              • #8
                Re: The 'LAW' governing Intestate administrators duties.

                Thank you Des8 I'm looking through it right now.

                Comment


                • #9
                  Re: The 'LAW' governing Intestate administrators duties.

                  The sad fact is Charitynjw. Is that I know that contentious probate can be very expensive, however my brother has been apparently told be a solicitor to dig his heels in and give no ground. That's the only legal advice he has apparently taken. However all my solicitors and advisors have suggested, is that I make concessions. It would seem that digging your heels in, gets you what you want. However not so much for me. :-(

                  Comment


                  • #10
                    Re: The 'LAW' governing Intestate administrators duties.

                    Without a rent book or bank statements you can not prove the rent he paid, going off an estimate of the rent value is no proof at all.
                    Also have you considered the upkeep of the property while he lived there are there any expenses on that score ? if so they should allowed for.

                    Comment


                    • #11
                      Re: The 'LAW' governing Intestate administrators duties.

                      Wow Des8, does anyone understand that legal gobbldy gook. Someone needs to write a book or post a website of the same information in human terms. :-) I'm presently struggling my way through it.
                      I dare say, I'm gonna hit some of that Roman Gobbldy gook turbatio, any chapter soon. http://www.legislation.gov.uk/ukpga/Geo5/15-16/23

                      Comment


                      • #12
                        Re: The 'LAW' governing Intestate administrators duties.

                        We minions are not supposed to understand it, that way they can tie us in knots and often do

                        Comment


                        • #13
                          Re: The 'LAW' governing Intestate administrators duties.

                          Could be worth investing 1p
                          https://www.amazon.co.uk/Wills-Proba...7B61N8BBRKMJDY

                          Or (a bit more expensive)
                          https://www.amazon.co.uk/Probate-obt...HNSB7NZ84HP1KE

                          Also check the other publications listed on the links.
                          CAVEAT LECTOR

                          This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                          You and I do not see things as they are. We see things as we are.
                          Cohen, Herb


                          There is danger when a man throws his tongue into high gear before he
                          gets his brain a-going.
                          Phelps, C. C.


                          "They couldn't hit an elephant at this distance!"
                          The last words of John Sedgwick

                          Comment


                          • #14
                            Re: The 'LAW' governing Intestate administrators duties.

                            Well enaid. He presented a rent book after 3 years of expensive quibling and us requesting it. I also asked would he allow me to view the rent records that had been used by the local council to make a Welfare housing benefit assesment. He was adamantly opposed to this. The rent book he presented copies of, listed the rent at £35.00 a week. The RICS certified valuation surveyor in his report claimed that the property (A flat) was worth just £30,000.00. The surveyor in his report indicated that the flat was reaching a lower than area value, due to the flat being in a leashold building that was quite run down. The are building insurance fee's and maintenance fee's that are also in arrears. These fee's naturaly are taken from the rent as it comes in. The RICS valuation expert also had the rent at £70.00. My father had also told me that my brother paid £70.00 a week.

                            Comment


                            • #15
                              Re: The 'LAW' governing Intestate administrators duties.

                              Thank you for the book links charitynjw. The 0.1p is quite a bit more if you also include the shipping £2.80 :-) However maybe still worth looking into.

                              Comment

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