Letters of Administration when sum of money is small

Hello,

I wonder if anyone here has experience of my issue. My mam passed away in a nursing home and we are in the process of releasing her money. It's her pension that would have built up over the years.

We have a Deed of Indemnity form filled out properly and all supporting paperwork has been provided to the nursing home. However they now say we must go through probate.

They state in the letter probate is needed due to the amount mam has. The nursing home admin lady who we have been dealing with would have known how much money was there to begin with but probate was never mentioned as a possibility. It was a case of get the paperwork in to us and then we release the funds.

I find this very unusual given the amount of money is under €20k, in fact it might be under €15k if memory serves me.

What are peoples opinions on this? Have you come across it?

Thank you.

endofrainbow

Is there an executor or administrator involved? Is there a financial institution involved? Usually where there is only a cash asset under E25,000 held in a sole name, it can be often be dealt with under the small estates procedure without the need for Grant of Probate. Not sure how it works with a nursing home though. Did they have complete access to your late mother's funds and bank accounts?

Mam died without leaving a will you see. The nursing home would have had access to her pension monies which is all she had. She didn't have a bank account. A solicitor signed the paperwork we needed and witnessed my dad's signature. We also provided birth, death, and marriage certificate. Dad is her next of kin but I know that doesn't automatically mean he can be administrator of her 'estate', I don't think anyways.

endofrainbow

Without a will, your Dad or someone in the family will need to apply for Grant of Administration. Under the Succession Act, your dad would be entitled to the whole estate.

I think you need to consult with a Solicitor for clarification.

https://www.boards.ie/discussion/comment/118741190#Comment_118741190

That would be my dad. It seems that the issue is the lack of a Will. I'll get in touch with our solicitor and hopefully it will be straightforward.

Thanks endofrainbow.

AnRothar

Was your mother in the nursing home under the "fair deal" scheme?

If so it may be a factor?

https://www.boards.ie/discussion/comment/118742520#Comment_118742520

To be honest I'm not 100% sure of the arrangement that was in place but what I do know is mam was means tested at the time, her only 'asset' was the state pension, and she doesn't owe any money to the HSE.

AnRothar

Its possible that she was under the fair deal scheme.

Her contribution would be 80% of her income. in this case the state pension.

leaving 20% for her. which could build over time.

Was her pension paid to an account controlled by the nursing home?

There are other clauses too.

Perhaps someone who is familiar with the terms of the fair deal scheme might be able to advise what the process is.

Well it turns out that the hospital admin said they didn't to include the need for probate in the letter.... ID and proof of address is all they want...🙄

Mother of God as if I haven't enough things to be worrying about.

Thank you though :)

endofrainbow

Glad you got it sorted - it's a very stressful time without being made to jump through unnecessary hoops.