probate

[monad]

my father past away in March. There was no will. The house was in his name only and his wife remains in the house. It is a large house and his wife is refusing to go for probate as she wants to turm it into flats 1st. She has had so much money from him in the past to build properties abroad . She would still get enough from her share of the sale of the house but she is refusing to apply for probate stating that it woulfd take 3 years to convert the house. I want my share now. I know that she should apply 1st but if she is unwiling to can i apply?

[Ethel]

How was the house owned? If it was owned as joint tenants, she owned all of it from the start and there is nothing for you to inherit from the proceeds of the house.

If it was owned as tenants in common, she owned a share only.

Has the rest of his assets been dealt with?

[monad]

Thanks you for your response Ethel. My father is a freeholder and apart from a small mortgage, he owened the house outright in his name only. He owned the house before he met her. I have checked with land registry and it remained in his name only before he died.

[Tichfield]

If there was no will then nobody will be able to get a grant of probate.

The next-of-kin should apply for Letters of Administration - but that would be the widow.

[Ethel]

In the first instance, find your local Probate Office here:

http://www.hmcourts-service.gov.uk/infoabout/c ivil/probate/index.htm

Phone them up and discuss it with them.

[monad]

Thank you for your response Tichfield. What can I do if she has no intention of apply for access to the house?

[Tichfield]

You might find this helpful.

http://www.sayermoore.co.uk/intestacy_rules.ph p

[Tichfield]

And, if I were you, I would go and see a solicitor.

[Barmaid]

If she is unwilling to apply for the Grant, you can "cite" her to accept or refuse the Grant, if she accepts, she takes the Grant. if she refuses, you can apply. She is being silly in refusing to get the Grant since if this is a taxable estate the IHT will need to be paid within 6 months of death else interest starts to rack up. You need to see a solicitor (preferably a member of the Probate Section, a member of STEP or ACTAPS) asap.

[monad]

Thank you for your response Barmaid. I have not heard of 'Citing' and will investigate it. Her aim to make more money on the sale of the house (which we will all benefit from) but seeing as she gave my father very little care during his illness and no respect for his funeral, I am prefering that she gets as little as possible out of his suffering. I will check on HMCS online to see how to 'cite'. Thank you!

[Barmaid]

dunno how useful hmcs website is, but the law is contained in the Non-Contentious Probate Rules 1987 and you can see a copy here:
http://www.opsi.gov.uk/si/si1987/Uksi_19872024 _en_1.htm

Rules 22 and 47 are the ones that apply to your situation.

[Barmaid]

I don't what the values involved are, but it may be worth taking legal advice given that the property has development potential. The widow has the right to capitalise her life interest (she has a life interest in half of the residue of the estate after the statutory legacy of �125,000) and has the right to elect to take the matrimonial home in settlement of this. IF there is development value, it would be a pyhrric victory for you to prevent her developing it, for her to take it as her interest in the estate and THEN develop it. If the value of the property can be enhanced by development and thus out of her reach on capitalised values, it may be worth going down that route. You still need a Grant though.