Areas of Law / Wills and Probate

My mother and my aunt are about to obtain letters of administration for the estate of my cousin, who died recently. However my uncle had an enduring power of attorney to deal with her affairs. Will my mother succeed if she applies for an injunction to prevent him taking any part in the administration?

Since your mother and aunt are applying for letters of administration (as opposed to a grant of probate) I take it the niece didn’t leave a will. In that case the closest family member to the deceased will be given authority to administer the estate. Where two people have an equal claim it’s usually just a question of who gets in first. If the three can’t get on it might be better for them to appoint a solicitor to deal with the estate.

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