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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33287
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 partners father has recently died, at the time he made s

Customer Question

Hi my partners father has recently died, at the time he made his will in 2002 he wasn't in his life and was married at the time, he gained a step daughter and had another daughter with her. They are no longer together. Since then my partner and his dad have been in each other's lives and have spoken about if his dad were to die but unfortunately his dad wasn't able to update his will before he died. Now everything is left to the two daughters with his step daughter in charge of it all. Is it possible to contest this? So my partner will get s share on his will? Thanks
Submitted: 5 months ago.
Category: Family Law
Expert:  Clare replied 5 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Was the Will made after the marriage?

Why was your partner not in his life when it was made?

Customer: replied 5 months ago.
Hi, no the will was made whilst they were married. His dad split up from his mum when he was a baby and then he didn't see him again till he was about 13
Customer: replied 5 months ago.
He sees his sisters and we have regular contact with them and their mum, she has said to him not to worry and she will allow him an equal share of the will but he's worried once it's all gone through she won't keep to her word and her daughters will get everything
Expert:  Clare replied 5 months ago.

How old is your partner now?

Was he receiving any financial support from his father?

Customer: replied 5 months ago.
He's 22 now. Do you mean whilst he didn't see him? Not that I am aware of no
Customer: replied 5 months ago.
Expert:  Clare replied 5 months ago.

My apologies - I meant has he been financiall supporting your partner recently - in the months prior to his death

Customer: replied 5 months ago.
No, he helped him out occasionally if he needed it
Expert:  Clare replied 5 months ago.

Then I am afraid that there is no claim that your partner can make on his father's estate - he will be reliant on the good will of his step mother and sisters

I am sorry but the fact that his father did not change his Will means that there is nothing that can now be done

Please ask if you need further details

Customer: replied 5 months ago.
What difference does it make whether he supported him financially?
Expert:  Clare replied 5 months ago.

Then he could potentially have made a claim on the estate using the Inheritance (Provision for Family and Dependents) Act

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