Letter of Administration What Is It?
A ‘Letter of Administration’ is a legal document that grants the holder the authority to represent and administer the estate of someone who has died where no will has been left.
This is a vital document, it will be requested by most financial institutions and formal bodies that you may have to deal with on behalf of the estate. Such as banks, insurance companies, and companies that hold things like pensions, stocks and shares belonging to the deceased.
If the deceased left property as part of their estate, you will also be asked to provide it to the land registry.
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Help with Letters of Administration?
Many people struggle to cope with the death of a loved one, and find navigating the probate process very daunting. That’s why Probate a Will offer a simple fixed-fee service to complete and submit your application for Letters of Administration. Which we’ll also submit to the HM Courts and Tribunals Service at the probate registry for England and Wales. We’ll identify the relevant probate forms you’ll need, fill them out and submit them on your behalf.
Additionally, the Inland Revenue requires details of whether inheritance tax is payable on the estate. Leading to different forms involved depending on whether this is the case. For estates that fall above the inheritance tax threshold, this involves filling in a full tax return. Therefore once this has been processed, the letter of administration is granted within a three-week period.
All this assumes the case is straightforward without contests or complications. Its hard to say how long letters of administration will take, so its advised you move forward with the process as quickly as possible.
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Who can Apply for a Letter of Administration?
In case of Interstate death, The law of intestacy dictates who can apply for letters of administration. The personal representative of the estate will be decided on a strict hierarchy based on the deceased’s closest living kin. Which is based on the following order:
- Spouses: A husband, wife or civil partner of the deceased cannot apply for probate.
- Children: Adult offspring, including adopted children (but not step-children) over the age of eighteen can apply; for children under the age of eighteen, an application can be made in conjunction with a second person of legal age.
- Parents: The deceased’s mother or father (adoptive or natural) can apply for probate, but step-parents cannot.
- Brothers / Sisters: Brothers and Sisters of the deceased, or their adult children if the deceased’s siblings have passed, can apply for probate.
- Half-siblings: Half-siblings can apply under the same remit as that for full siblings, as can their adult children in their absence.
- Grandparents: Grandparents of the deceased may apply for probate if not pre-deceased.
- Aunts or Uncles: The deceased’s aunts or uncles (or their adult children if the aunt or uncle has already passed away) can apply too.
Once full details of the estate in question have been collated, an application for the letter of administration is made. Once successfully granted, the estate can be dissolved and the proceeds distributed on behalf of the person who passed away.
We’re here for further help regarding how to obtain a Letter of Administration. Get in contact with Probate a Will today, we’re always happy to help.
or simply give us a call on: 0203 985 9554
Intestacy Rules
The Rules of Intestacy (death without a valid will) are statutory. They provide clear guidance to the estate’s administrator on how to divide the estate in accordance with intestacy law.
First of all, a family tree must be drawn up in order to ensure the correct distribution of the deceased’s assets. If family members are not available, this can cause delays while they’re located. But all reasonable steps should be made to locate them and inform them of the situation.
When a person on the family tree passes away prior to the death of the person whose estate is being administered. Its possible they could still retain interest if they have their own children.
Problems with a Will
A loved ones passing without leaving a will, can cause a wide range of problems and potential complications. The hierarchy listed above determines who is liable to inherit and what proportion of the estate will be granted to them. For example, the deceased’s spouse will inherit all assets up to a total value of £250,000. Any estates worth more, will have the excess divided between the deceased’s children.
This will all seem fairly clear and straightforward, but several potential complications can arise at this stage. For instance, if a couple were cohabiting as common law spouses, this union is not automatically recognised. Therefore the bereaved partner may be left un-provided for.
Disputes are much more likely to arise in the case of an intestate death than they are when a will has been left. This is common due to potential disagreements on the deceased’s final wishes. Therefore any decision made by the estate’s administrator can be called into question by the deceased’s family.
When no will has been left, no provisions will be in place to mitigate inheritance tax liability on the estate either. Inheritance tax is due on all assets above the nil rate threshold. Although in some cases, a Deed of Variation can be created to mitigate the amount of tax due.
Deed of Variation allows the estate’s administrator to alter the distribution of the estate, usually to lessen tax burdens. However, this document can only be drawn up if all of the beneficiaries of the estate agree upon it.
Need help with Probate?
By now its easy to see handling an intestate death can be quite a complicated task. If you’re the estates representative, you could be held liable for any mistakes. For instance, if the estate is not divided up properly in accordance with the law. The threat of potentially serious repercussions can be hugely daunting, and the loss of a loved one will only add more stress.
Ensuring the administration of a loved one’s estate goes smoothly, and handled in full accordance with the law of intestacy. We advise seeking professional legal advice. Therefore only helping avoid any legal pitfalls and ensuring the beneficiaries receive their share.
Probate a Will can take care of the complicated and daunting process of intestate death and the distribution of assets. Which in turn, leaves you with peace of mind, knowing a professional legal team are in your corner. For help with completing the Probate application, regardless of wheter or not the person dies without leaving behind a Will, get in contact today.
or simply give us a call on: 0203 985 9554