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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33953
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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Clare do you have any probate law experience predominantly

Customer Question

Hi Clare do you have any probate law experience predominantly the Inheritance (Provision for Family and Dependants) Act 1975 and filing a case for dependents support on a joint tenancy which my ex husband was co owner and has died. His sister gets the property but he left 2 kids who are minors He made a will when we were together and did not update it it in 2002. We divorced in 2012 I understand as we are divorced i am exempt but his only children are 12 and 16. His family are apply for probate. They are not forthcoming with what is in the estate left from the 100k divorce fee i paid him. But the property he had jointly with his sister will be transferred to her now that he is dead. I want to apply for the share for the boys as dependents. A solicitor has said he would do it on a No Win No Fee for a small settlement. Of course taking 25% for living expenses for the boys from the property 50% he owned which values 80K is this a common claim and the risks to me on a counter sue

Can you confirm whether I can take out legal insurance in case his sister counter sues me as this i understand is not in the No Win No Fee payment.

I also understand i have to claim within 6 months of his death it is 4 months now.

Probate is still in progress and whilst this carries on the children have not been provided for. No child support was factored in the divorce as he was unemployed and claiming benefits and committing fraud and convicted later

Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question and for asking for me
I will do my best to help you but I need some further information first.
Was the Will made before or after you were married?
What funds did he have which you know about?
Clare
Customer: replied 2 years ago.

The will was made in 2002 when we were married I was the beneficiary and the proceeds for our children if we both died were held in trust till they were 2012. His solicitor has responded i am exempt but does this WILL still stand. It does not appear he made another WILL after we divorced.

In the Divorce settlement he was given 100K in Jan 2013, he had two small pensions and of course the joint tenant property with his sister.

If he has spent the 100K then the small pension of 43k is left and the flat with his sister and that is why I am looking to support the children via putting a claim on it. Claire if this is not your area the Childrens Act 1975 then I need someone who knows about it. As the 100K could have disappeared as he knew he was dying it appears. He had a 35K to the benefits office owing. Can I ask his solicitor to confirm what has happened to this money?

The pension will only be paid out whilst the children are in full time education.

Expert:  Clare replied 2 years ago.
Hi
The property he owned with his sister - was that held as Beneficial Joint tenants or as Tenants in Common?
(if it is the first t hen it all goes to her - if it is the second his half goes into his estate)
Clare
Customer: replied 2 years ago.

Sorry Claire my original question adked about the Inheritance Act 1975 and making a claim for the kids on the joint tenancy this had not been answered and my liability plse respond to the question I ask about claim and my liability. I have waited sevwral hours for the answer you gave me which I had stated already. Sorry I assume you had read mt question

Expert:  Clare replied 2 years ago.
Hi
Given that the existing Will means that the children inherit everything no claim is necessary.
Equally there are two different ways of having a Joint tenancy and I need to be certain that it is indeed a Beneficial Joint tenancy and not a Joint tenancy in Common.
I know that you have said the sister will receive it in full - but I am not certain that you know that for a fact
However assuming that you do then yes an application MUST be made within six months
You can read more on page 11 of this document
http://www.guildhallchambers.co.uk/files/TEWProbate.pdf
It is not a common claim - but it is a known one and will be successful (almost certainly)
You are sensible in wanting to consider insurance - I am concerned that the solicitor has not offered this.
Indeed I would suggest that you actively consider using a Public Access barrister to draft the claim and that you deal with the matter yourself to maximise the return.
I am not sure if this gives you what you need - if not please let me know which area needs expanding
Clare
Customer: replied 2 years ago.

Hello Clare

With regards ***** ***** Public Access Barrister should i be looking for a Barrister whose area of expertise is Probate.

Also as a layperson where would i look to find extra insurance. I am already seeking my HOME contents insurance but this is not likely.

thank you

Expert:  Clare replied 2 years ago.
Hi
Look for a Barrister who has experience of Inheritance Act Claims - it is a hybrid of Probate and Family.
This is one firm that does after the event Insurance
http://www.universallegal.co.uk/
As they say on the BBC - there are others
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33953
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi Clare

I need your assistance in my message to you at the weekend I advised you I had seen a no win no fee solicitor. Although we had conversations and he had given me his client care agreement I had not returned it signed as I was concerned over the liability to me should I be counter sued and it was 25% plus fees.

I have received today 2 letters he has written to me ex family about the Inheritance for Family & Dependents 1975 to his sisters.

He has started the letters without my signed agreement. I did not want to go ahead with him because of the liability.

I expect you will say I am not liable to pay him for his time

I was waiting to hear from his family to say what the Estate Accounts held and then wait for probate. He has put me in a position and I did not want to use him purely on the way he worked.

What can I do I have written to him today,.

I had written to him yesterday saying I was concerned about the insurance liability and was looking into insurance but as I said this was for me no him. I assumed all solicitors needed a signed Term Agreement before the engaged in work.

I have spoken to several Barristers and none of them would entertain my discussion without a signed one.
I know my discussion was on a No Win No Fee but this still should be a contract signed.

Expert:  Clare replied 2 years ago.
Hi
Write to him immediately and point out that you had no given him authority to go ahead and that he should cease all work immediately
Clare

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