Q&As

A child of a deceased individual is a beneficiary under the intestacy rules. The beneficiary's siblings have frozen them out of all dealings with the estate. What can the siblings be made to disclose in respect of the estate and how can this be achieved?

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Produced in partnership with Helen Galley of XXIV Old Buildings
Published on LexisPSL on 21/10/2020

The following Wills & Probate Q&A Produced in partnership with Helen Galley of XXIV Old Buildings provides comprehensive and up to date legal information covering:

  • A child of a deceased individual is a beneficiary under the intestacy rules. The beneficiary's siblings have frozen them out of all dealings with the estate. What can the siblings be made to disclose in respect of the estate and how can this be achieved?

For the purpose of this Q&A, we have assumed that:

  1. the child of the deceased is not a minor

  2. a grant of administration'>letters of administration has been made to the siblings

It is assumed that the deceased died totally intestate, in which case, a grant of letters of administration will need to be applied for. The Q&A does not specify whether the deceased left a surviving spouse or just surviving children. The order of priority for a grant of letters of administration is governed by the Non-Contentious Probate Rules 1987, SI 1987/2024, r 22, as amended, and so the surviving spouse would be first in priority with the children second. As the children have a beneficial interest in the estate, then the spouse would apply for a grant with another person, ie one of the children. If there is no surviving spouse, the child in the question, A, assuming they are an adult and not suffering under any other disabil

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