What to do if…
two relatives both claim legal authority to make decisions after a death
Short answer
Pause anything irreversible and require proof. In the UK, authority usually comes from the person entitled to act as the deceased’s personal representative (typically an executor named in the latest valid will, or an administrator if there’s no will), and many organisations will only act once they see the relevant court document (for example, a grant).
Do not do these things
- Don’t hand over keys, valuables, paperwork, or account access to either person “because they’re family”.
- Don’t sign forms or give instructions to banks/insurers/utilities “on behalf of the estate” unless your authority is clear.
- Don’t rely on photos/screenshots of a will or “probate papers” as proof—ask to see originals or certified copies.
- Don’t let the dispute spill into public accusations or group chats that you may need to show professionals later.
- Don’t destroy, amend, staple, or mark the will or any documents (even “to keep it safe”).
What to do now
- Work out which UK legal route applies (this changes what “proof” looks like):
- If the deceased’s last permanent home was England or Wales, you’re usually dealing with probate / a grant through the Probate Registry.
- If it was Scotland, the process is usually confirmation through the sheriff court.
- If it was Northern Ireland, you’re usually dealing with the Probate Office (NICTS) and NI-specific forms/processes.
- Set a single, neutral boundary you can repeat: “Until authority is verified, I will only act on instructions from the person who can show the correct legal proof for where the deceased lived.”
- Ask both relatives (separately) for the same specific proof in writing:
- the deceased’s full name, date of death, and last address
- a copy of the executor/personal representative page (or equivalent) and who holds the original will
- whether any application has been started, and where (Probate Registry / sheriff court / NI Probate Office)
- copies of any court-issued documents already obtained (if any)
- Locate the latest will (without “awarding” control):
- check the deceased’s known storage places with a neutral witness
- if a solicitor/will-writer is known, ask who holds the original will and whether there is a later one
- if more than one will exists, treat the situation as “do not act” until professional advice confirms which governs
- Protect the estate from irreversible changes:
- secure the home for basic safety only; take dated photos and start a simple inventory
- keep post together; don’t redirect mail “to one side”
- if you hold any estate items, store them safely and record what you have
- Tell organisations “authority is disputed”: if banks, insurers, landlords, care providers, or utilities contact you, say: “There is a dispute about who is authorised. Please require the appropriate court proof before acting on instructions.”
- If someone is rushing to get a court document issued to “win,” consider the right “pause” tool for the right jurisdiction:
- England & Wales: you can apply to enter a caveat to stop a grant being issued while a dispute is addressed.
- Northern Ireland: there is also a caveat process through the NI probate system.
- Scotland: processes differ; disputes and urgent risks are usually handled through Scottish executry procedure (seek Scottish advice promptly).
These steps can escalate conflict, so keep communications factual and consider specialist probate advice.
- If there are urgent practical decisions (for example, funeral arrangements): aim for reversible choices (delay final commitments where possible) and tell the funeral director that authority is disputed and you’re verifying who can lawfully instruct.
What can wait
- You do not need to decide today “who is right” or force the whole family to agree.
- You do not need to distribute belongings, close accounts, or “clear the house out” now.
- You do not need to respond immediately to threats; focus on verification and preventing irreversible actions.
Important reassurance
Disputes after a death are sadly common, especially when people are grieving and frightened about “getting it wrong.” Asking for proof and slowing decisions down is a normal way to protect the estate and reduce harm.
Scope note
These are first steps only. Resolving who can act (especially if there are multiple wills, blended families, or allegations of pressure/undue influence) may need specialist probate help in the relevant UK jurisdiction.
Important note
This is general information, not legal advice. If you think assets are being taken, someone is being intimidated, or there are urgent deadlines, consider getting prompt advice from a qualified professional in the relevant UK jurisdiction, and use emergency services if anyone is in immediate danger.
Additional Resources
- https://www.gov.uk/stop-probate-application
- https://www.gov.uk/stop-probate-application/apply-for-a-caveat
- https://www.gov.uk/applying-for-probate/if-theres-a-will
- https://www.scotcourts.gov.uk/taking-action/dealing-with-a-deceaseds-estate-in-scotland/guide-to-dealing-with-a-deceaseds-estate-in-scotland/
- https://www.nidirect.gov.uk/services/stopping-probate-application-caveat