Estate Administration Guidance
The client is seeking guidance on the administration of their late father's estate, specifically regarding a mortgage-free property in Western Australia. The father passed away in 2015, and his will specified that the property should be shared equally between the client and their sibling. The father's sister, initially appointed as executor, passed away in 2020, leaving her children as executors of her own will. The client, now 23 years old, wishes to sell the house to access their 50% share but is uncertain about who holds the legal authority to manage their sibling's share. The client is facing difficulties due to the lack of information about the solicitors involved in the drafting of either will and the uncooperative stance of their cousins.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWho currently holds the legal authority to execute my father's will and manage the sale of the house?
In this situation, as your aunt, the original executor, has passed away without naming a substitute for her responsibilities in your father's estate, an application may need to be made to the Probate Registry for a grant of letters of administration with the will annexed. This will allow you to appoint a new personal representative who can manage and execute your father's will. As you are an adult, you could potentially apply for this role, which would grant you the authority to handle the sale of the house and manage the estate according to the will's terms. For guidance, you may wish to consult relevant probate information.
What are the steps required to transfer the title of the house into my and my sibling's names, given that we are the beneficiaries?
To transfer the title of the house into your and your sibling's names, you'll need to apply for a "Grant of Letters of Administration" if no executor is available, as your aunt (the executor) has passed away. This is necessary to establish your legal authority to manage and distribute the estate according to your father's will. Once obtained, you can legally transfer the title by completing the necessary forms with the relevant land registry.
How can we establish who is responsible for managing my sibling's share of the estate until they reach adulthood?
To establish who is responsible for managing your sibling's share of the estate until they reach adulthood, you might need to apply to the court to appoint a new trustee or guardian to handle their portion. Since they are a minor, the court can appoint a person to act in their best interests and manage their share of the estate. Additionally, it would be prudent to consult with a solicitor experienced in probate and trusts to guide you through the process.
What documents or legal actions are necessary to proceed with the sale of the house, considering the current situation with the executors?
You will need to apply for a Grant of Probate if it hasn't been done, or potentially a Grant of Letters of Administration if the original executor has passed away without appointing a substitute. This document is essential to manage and sell the estate's assets legally. Following this, you should ensure the property title is transferred into your and your sibling's names as beneficiaries, which might involve dealing with the Land Registry.
How can I trace which solicitor assisted my father or aunt with drafting their wills to gather more information?
To trace the solicitor who assisted your father or aunt with drafting their wills, you can start by checking any paperwork or correspondence they may have left, which might include the solicitor's details. You could also contact the local Law Society or similar regulatory authority to see if they can provide assistance. Furthermore, checking with local probate registries where the wills might have been filed could yield useful information.
