Intestacy & grant of representation

[Warks44]

Hi, hoping for some advice on what has become quite a horrible situation. will try not to drip feed...

My Uncle died suddenly earlier this year leaving behind his pregnant girlfriend and four brothers including my DF who are absolutely devastated.

My uncle owned several companies and legal advice was sought through the company solicitors. They were advised that my uncle did not leave behind a will (although his ex wife with whom my family are still on good terms thinks that he did have one), and, that as there was a child involved, the child would inherit everything but two people must be appointed trustees. It was agreed verbally that my DF and uncles GF would be trustees.

We have all given GF money to make sure she can look after herself (she doesn't work) however she soon stopped responding to any messages from my family.

My uncle owned several properties and we have since found out that in the days after he died she went to visit them asking for rent payments in advance and collected several thousand pounds. She also set up a company and we are not sure whether this is being used to draw money from his businesses.

This week we have found out that GF has obtained a Grant of Representation and that she and her father intend to be trustees for the child.

I have been doing a bit of research but am completely confused by it all. Am I right in thinking that his next of kin are the ones that have the right to apply for the Grant? Is there any way we would be able to see a copy of the application for the grant?

The next of kin is the child and a grant has been applied for by the child's mother and one other person on their behalf. This is all quite correct and above board.

You can get a copy of the grant from the probate registry for a small fee. About £10 I think.
hmctsformfinder.justice.gov.uk/courtfinder/forms/pa001s-eng.pdf

Here's the link to the form that you need to complete.

If you think that there is a will then it may be worth writing to firms of solicitors local to where your uncle lived and worked and seeing if they hold one for him. For example he may have used the same firm who acted in his divorce or a house purchase. Where I work we often do a new will as part of divorce proceedings. Your uncle's ex-wife may know which firm he used. You can also pay a company like Title Research to do a will search for you. The cost is about £190.

Hi Poshfrock,

The baby hasn't yet been born which is why I was confused about the next of kin part, there don't seem to be any examples of a situation like this!

Thanks for the advice, I really appreciate it.

In that case you do really need to see a copy of the grant.
Easy to apply for and take about 2/3 weeks to arrive.