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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34490
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My husband has died. His children will not let me back into

Customer Question

My husband has died. His children will not let me back into the marital home. Our wills are in the marital home. Can I apply for a copy of his will before probate, as a family member please?
Submitted: 4 years ago.
Category: Family Law
Expert:  Clare replied 4 years ago.
Hi
Thank you for your question
I shall do my best to assist you but I need some further information first
When were you last in the property and why have they excluded you?
Claire
Customer: replied 4 years ago.

I can look up dates. approx 5 weeks before the 16th April when he died of intestinal gastric hemorage, acute alcoholic ulcers and liver etc. Known family for 35years as family. Both our spouses died 6 years agao we got together 3 years ago. Been married two years. John struggles with Alcoholism since a teen ager. They were thrilled we got married and said I would look after him. As I was not there they blame me for his death.

Expert:  Clare replied 4 years ago.
Hi
Had you separated?
Did you have a new home?
Claire
Customer: replied 4 years ago.

I told him over the telephone 4 weeks before he died , when he asked me if I was going back I said no. I was ill and needed to recharge my batteries.

Customer: replied 4 years ago.

Not legally. Only over telephone 4 weeks before his death. We lived in Johns house and kept my flat as holiday home. I now life there. In will I can stay in house until I co-habitate, re-marry or die.

Expert:  Clare replied 4 years ago.
Hi
Then you are entitled to Return to the Matrimonial Home whenever you wish - and if his family try and exclude you then you can apply to the court for an Occupation Order which will allow you to live there and exclude them altogether
I hope that this is of assistance - please ask if you need further information
Claire
Customer: replied 4 years ago.

I knew that once probate was finished I am within my rights then to return. I have not made my question clear. I need a copy of Johns will before probate. How can I obtain a copy please


 

Expert:  Clare replied 4 years ago.
Hi
In fact you are within your rights to return there straight away - it is your matrimonial home and the court will Order that you are allowed to return immediately
Claire
Customer: replied 4 years ago.

How can I get a copy please. His will be not be in the house. My question is HOW CAN I GET A COPY OF MY HUSBAND JOHN SHARP'S WILL PLEASE. A.S.A.P.

 

Expert:  Clare replied 4 years ago.
Hi
Do you know who has been named as the Executors?
Claire
Customer: replied 4 years ago.

Yes. His children.

Expert:  Clare replied 4 years ago.
Hi
Then I am so sorry but I am afraid that you have no right to see the Will before Probate is granted - no one does except the Executors.
However as I said you DO have the right to return to your Matrimonial home immediately
Claire