Q&As
Insolvent estate: options without Court of Protection application
Published on: 22 August 2018
The deceased died intestate with assets of less than £10,000 and liabilities of around £15,000 (ie an insolvent estate). The deceased's wife is entitled to the estate under the intestacy rules but does not have mental capacity. Banks and share registrars are refusing to release the estate assets to the deceased's daughter. Given the low value of the estate, is there any pragmatic way forwards without the daughter having to make a Court of Protection application and then apply for grant of letters of administration on behalf of her mother?
In the ordinary course of events, assets are payable to the personal representative (PR) of the deceased or, in certain circumstances, paid directly to the beneficiary (Administration of Estates (Small Payments) Act 1965), but in this case the beneficiary cannot give a valid receipt.
In this particular situation, there are a number of options that a party may wish to consider:
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the conventional route is to apply to the Court of Protection for an order providing for the relevant person to be a PR and then apply
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