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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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 father has recently died, he has been in a neurological

Customer Question

my father has recently died, he has been in a neurological hospital over 3 years.he said years ago he made a will leaving house to his wife and the rest of his assets to myself and step brother.some time ago his wife applied for guardianship since his death nothing has been mentioned about his will, she has bought 4 properties and no money left,how do we stand.
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How long has he been married to his wife?
Clare
Customer: replied 2 years ago.

about 4 years just before he was taken ill,although they have lived together for some 30 years or there abouts.

Expert:  Clare replied 2 years ago.
HI
Did they hold assets in joint names?
Clare
Customer: replied 2 years ago.

no

Expert:  Clare replied 2 years ago.
Hi
May I ask how you can be sure of that?
Clare
Customer: replied 2 years ago.

If everything is in joint names she would no tbe searchng
for account numbers and cash cards.checking with localbanks if he had accounts with them.no probate as she bought all property when she had guardianship and before he died.I BELIEVE she does not want to show the will as she intends to give us nothing.as his guardian I believed she could only look after his estate until death.not spend what was left to other people,is this not embezelement?

Expert:  Clare replied 2 years ago.
Hi
What is your best guess on the value of his estate?
Clare
Customer: replied 2 years ago.

really could not hazard a guess,the villa in spain did not fetch what he paid for it,maybe 300,000euros in banks etc ? intotal perhaps in the region of over half million pound/euros.

Expert:  Clare replied 2 years ago.
Hi
Sorry - just to check - where was he living and where are the assets situated?
Clare
Customer: replied 2 years ago.

leaving in spain for some years assets in spain and England.after operation in spain wife flew him back to hospital in England lent £15,000

until she could find any money,so money mostley England.

Customer: replied 2 years ago.

am waiting for your reply

Expert:  Clare replied 2 years ago.
Hi
My apologies for the delay.
Where are the properties you refer to situated?
Clare
Customer: replied 2 years ago.

the properties bought are in hastings, flats I believe.

Expert:  Clare replied 2 years ago.
Hi
Have you asked your stepmother about a Will?
Clare
Customer: replied 2 years ago.

ues she is vey evasive what i WANT TO KNOW is she allowed by having guardianship to spend all the assests on property before he had /died,surely not as then he has no assets.

Expert:  Clare replied 2 years ago.
Hi
When you say Guardianship - was she actually appointed as his Deputy or did she hold Power of Attorney?
Clare
Customer: replied 2 years ago.

I don't know she said it cost £7, 000.

even so is she allowed to use all the money and leave none to pay benificaries that is what I WANT TO CLARIFY.

Expert:  Clare replied 2 years ago.
Hi
Without being certain of the basis on which she had control of the funds it is hard to say - but almost certainly the answer is no.
Your starting point is to identify on what basis she had authority to act.
If it was as a deputy then you can ask the Court of Protection to investigate
https://www.gov.uk/report-concern-about-attorney-deputy
You can also find out more here
https://www.gov.uk/find-someones-attorney-or-deputy
I hope that this is of assessment - please ask if you need further details?
Clare

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