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Nicola-mod
Nicola-mod, Moderator
Category: Family Law
Satisfied Customers: 11
Experience:  Moderator
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A friend's father...

Customer Question

A friends father has recently passed away.
Background:
Mum was married and had three children before divorcing.
Mum then married dad and had my friend
Mum then died and left my friend and her dad.
My friends dad remarried and my friend and new wife fell out.
My friends dad has now recently passed away and my friend is adamant that the new wife is not going to get "everything", but doesn't know where she stands legally. She doesn't know if there is a will and if there is, and everything is left to my friends dads wife, does my friend get anything? or is it contestable?
Is my friend or her Brothers and Sisters (not blood related to Dad) entitled to anything LEGALLY as she doesn't want to go down the lengthy legal route if she's not entitled to anything in the first place.
And what if there is no will. If she's is entitled to anything can anything be done to stop the "wife" taking the lot and running off? She apparently is already considering selling the house (mortgage was paid upon the death of my friends MUM).
Any info will be passed onto my friend.
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year 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.
Which part of the Uk does your friend live in
Clare
Customer: replied 1 year ago.

Hi Clare

Sorry I should have said.

London, UK

Expert:  Clare replied 1 year ago.
Hi
How much is the estate worth - what assets are there in the father's sole name?
Clare
Customer: replied 1 year ago.

Well theres the house, which I'm guessing is worth 350,000+ but I'm not sure what else. This is the problem, because my friend doesn't know either there is a possibility of a number of life insurances in place too which she doesn't know about.

Expert:  Clare replied 1 year ago.
HI
Did he own the house in his sole name
Clare
Customer: replied 1 year ago.
She's not sure. Obviously it was passed to him when his previous wife died but whether or not he put half of it into his new wife's name or not is unknown.
Expert:  Clare replied 1 year ago.
Hi
How long ago did he remarry?
Clare
Customer: replied 1 year ago.
Approx 9-10 years
Expert:  Clare replied 1 year ago.
Hi
If her father has not left a Will then his widow is entitled to all his personal belongings plus the first £250,000 of any assets.
The balance is split in two - one half would go to your friend and the other half would be invested with the Widow receiving the interest and the capital reverting to your friend when the widow dies.
Her siblings would have no claim as they are not his children by birth or adoption.
If he has left everything to his widow in his Will then your friend may be able to challenge it if she is in some way still financially reliant on her father - and possibly even if she is not - but the estate is not large and it is unlikely that she would receive more than she would have to spend on court fees
I hope that this is of assistance - please ask if you need further details
Clare
Expert:  Nicola-mod replied 1 year ago.
Hello,
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 1 year ago.

I'm happy for you to cancel. Do i get a refund?

Expert:  Nicola-mod replied 1 year ago.
Hello,
We refund on request - please confirm if you would like one and I will process it for you.
Thank you,
Nicola
Customer: replied 1 year ago.

Yes please.

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