Can I challenge relative over Administration of Estate?

S

Slim

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My aunt died intestate. I and other members of my family had been looking after her affairs for the last 5 years of her life and engaged a solicitor to take out Administration of her estate. One of her sisters has insisted on taking out Administration although we are in dispute with her over funds that she misappropriated when my aunt first became ill 5 years ago.

My question is: Can I/we object to her taling out Letters of Administration on the grounds that she has acted in bad faith or is not a fit person to do so? I have evidence of her actions.

Slim
 
ASFAIK you can both apply to take out Administration and the Probate office will either give it to one of you or more likely issue a double grant which really only delays the resolution of the issue. If you don't want the aunt to proceed its important to lodge a Caveat - you can do this directly with the Probate office but its important to get good legal advice. Cases like this often end up eating up the estate in legal fees and then no one is happy.
 
There is a list of people entitled to take out a grant in intestacy depending on relationship to deceased so a sister has more right to act than a niece. The Oath of Administrator has to state that there are no parties better entitled to take out the grant. Check with your solicitor.
 
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