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Legal matters

Intestacy - how difficult to administer the affairs of someone who has died intestate?

5 replies

Jangled · 30/04/2015 15:06

I've just posted this in Chat for the traffic but hope its ok to duplicate it in here.

Does anyone have any experience of this. Could I actually do it myself or does it have to be done by a bank/solicitor?

My lovely Dad died in February and appointed the bank as the executor of his estate. He had a will but it was found to be invalid and therefore intestacy was declared.

I had several long meetings with a bank representative in March and handed over a lot of paperwork, only to be told a couple of weeks later that the estate would be handled by the bank's solicitors. I then had a letter yesterday from the solicitors saying they were about to begin the administration - over 2 months after Dad's death, and several weeks after handing over paperwork.

A lot of the information I had passed on to the bank representative had not been passed on to the solicitor, and in several instances the solicitor seemed to have the wrong info. It seems to me that, beyond the huge fee they will charge, they aren't very interested. Can I do the admin myself? Or, despite having signed an agreement appointing the bank and their solicitors, can I now change my mind? I can't see any get out clause on the paperwork I signed.

I'll post in legal also but aware there's more traffic here. Thank you for any advice or opinions. I'm still sad at dad's passing but the confusion over his affairs is making me sadder than ever - he was such a meticulous organised man (the invalidity of his will is a mystery in itself) that he would never have dreamed this situation could arise. I just feel the bank don't care at all

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Mumblechum1 · 30/04/2015 19:17

You can certainly disinstruct the solicitors/bank (presuming that you're next of kin).

It really isn't rocket science to administer an intestate estate, there's lots of help online, the gov.uk website will give you good guidance as well as the HMRC one, and you can always pay a solicitor for a couple of hours' work if you get really stuck.

Sorry for your loss.

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chickensgirl · 30/04/2015 19:33

I agree. Although my mum left a will I found the helpline people so well helpful! Sorry for your loss and good luck x

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Jangled · 30/04/2015 19:56

Thank you both. And sorry also about your mum chicken

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Robertwars · 04/05/2015 10:11

There are clear guidelines on how an estate must be divided if there is no will. You certainly don't need the bank to do it and they will charge to do it.
I have dealt with a similar situation and would be happy to share info....pm me if you like.

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Jangled · 07/05/2015 13:35

That's really kind Robert, thank you. I've done quite a bit of reading around since posting here, and as the solicitors still haven't returned any of my calls, nor phoned me, I think I'm going to go ahead and de-instruct. Very disillusioned :(

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