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Joshua
Joshua, Lawyer
Category: Family Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My partner sadly passed away from cancer! He was about to amend

Customer Question

My partner sadly passed away from cancer! He was about to amend his will but ran out of time! His old will was made before his children were born and before he married the now ex wife! The estate in the will is said to be split between any dependents his now two children. Me and my partner were together 6 years and lived together for 4 years apart from a 7 month short break in living arrangements when I moved to be closer to work and we would both comute between houses and work as my partner had taken a new job not to far away!
I then returned to the property but 4 months later my partner sadly passed away! I now have been served a letter from the trurstees saying I need to move out so the house can be sold and form part of the estate which were not my partners wishes do I have a right to claim against the estate and how quickly do I need to move out? as this situation is very distressing please advise many thanks amie
Submitted: 2 years ago.
Category: Family Law
Expert:  Joshua replied 2 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

please accept my sympathies for the loss of your partner. May I kindly clarify a few points with you?

Joshua :

You mentioned that your partner signed an old will before he married his ex-wife. Is this the will but his executors are proceeding under?

Joshua :

Did you and any assets jointly with your partner such as a house or bank account for example?

Joshua :

you mentioned that you lived together for six years apart from a seven-month break. This seven-month break happen during the last two years of your partners life or prior to that? Notwithstanding this break, did you essentially live together as husband-and-wife in all but name?

Joshua :

finally, do you know if probate has been obtained in respect of your partner's estate and if so how long ago roughly?

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