Letters of Administration have been issued after a person has died intestate:

If Letters of Administration have been issued after a person has died intestate, is there any onus on the Administrator to be fully open about what's actually in the estate or their plans to distribute it?
Can an administrator be obliged or persuaded to a particular course of action by beneficiaries if those beneficiaries -or a majority of them - are agreeable to such action?
Is it usual that letters of adminstration would be issued to only one person instead of two?

Re: After Letters of Administration issued

Ash said:

If Letters of Administration have been issued after a person has died intestate, is there any onus on the Administrator to be fully open about what's actually in the estate or their plans to distribute it?
Can an administrator be obliged or persuaded to a particular course of action by beneficiaries if those beneficiaries -or a majority of them - are agreeable to such action?
Is it usual that letters of adminstration would be issued to only one person instead of two?

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Yes there is an onus on the Administrator to be fully open about what is in the estate in that they have a duty to fully disclose all assets and ensure all relevant taxes due on the estate are paid.

'Can an administrator be obliged or persuaded....etc?'

What exactly do you mean? If all the beneficiaries agree they can enter into an arrangement to alter the distribution but it will not alter any taxes rightfully due to the state and may even involve further taxes being due- ie stamp duty or gift tax on a redistribution.

And yes, it is usual that administration would issue to one person.

Re: After Letters of Administration issued

Vanilla said:

Yes there is an onus on the Administrator to be fully open about what is in the estate in that they have a duty to fully disclose all assets and ensure all relevant taxes due on the estate are paid.


Thanks for your advice Vanilla.

Of course the Administrator has to be open about what is in the estate to the authorities and ensure taxes are paid, etc but is the administrator required to keep beneficiaries informed of what is in the estate and how they intend to dispose of it?
I ask from a beneficiary point of view, not an administrator.

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Re: After letters of administration issued

No, the administrator need only send the beneficiary their share at the end, there is no actual duty to keep them informed about the estate in general or other peoples shares.

However if the letters of admin have actually issued then you should be able to obtain a copy of the inland revenue affidavit from the probate office as it is a public document which will show all assets and debts in the estate and may also show some details of beneficiaries depending on how near the amount inherited is to the relevant tax threshold.

Re: After Letters of Administration issued

" but is the administrator required to keep beneficiaries informed of what is in the estate and how they intend to dispose of it? "

If the Grant has issued then the copy Schedule of Assets will be available from the Probate Office. So you can see what is in the estate.

Are there significant issues between the parties here? While you may not wish to give much information on a website, its hard to advise in the absence of any real information. If there are substantial issues involved, you probably should see your own solicitor to seek real clarification on the specific issues .

mf

Re: After letters of administration issued

Great minds.............

Re: After letters of administration issued

Dangerous quote mf1, bite at the end!

To OP: Schedule of Assets= same thing as Inland Revenue Affidavit.