The rules of probate for death intestate are grossly unfair.

My daughter died intestate. Her 2 young children now live with her ex-husband.   According to the probate rules, he can apply for probate to get access to my daughter's estate. He has to have a co-applicant who is directly related to the children, but he can choose anyone of these - father or mother. The inheritance rules state the 2 children are the benefactors of the estate and as their legal guardian, he has the right to probate.  

Given that my daughter was divorced and a full and final financial settlement signed by both parties, how is it just that the law gives him responsibility for the children's inheritance? Likewise if he had died, she would have the same rights. There are no restrictions on what the ex- spouse can do with the money. There is no protection for the children's rights. If the relationship had been physically or mentally abusive, or the ex-spouse was an alcoholic or drug it does not change the outcome.

The rules in these situations needs to change. The co-applicant MUST be directly related to both the deceased and the children. This will ensure both parties have joint responsibility in managing the children's inheritance until the age of majority.  If no relation to the deceased exists the court should assign a legal representative, such as a neutral solicitor.