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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34589
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 passed away, and he was in process of

Customer Question

my father has recently passed away, and he was in process of finalising divorce and setting up a new will but never got round to signing or paying final balance.
does this mean the original will stands and that the ex wife who left him for another man is entitled to everything.
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year 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

Had the Decree Absolute been issued?

Customer: replied 1 year ago.
He had a signed letter back from the wife saying that she wouldn't protest the divorce on adultery
Customer: replied 1 year ago.
this was done on the 6th may this year.
Customer: replied 1 year ago.
both myself and her are the executors of the will,but she is the main trustee.,
Expert:  Clare replied 1 year ago.

Then i am so very very sorry but the Will stands just as it is and his estranged wife will indeed still benefit

I am sorry not to give you better news

Please ask if you need further details

Customer: replied 1 year ago.
Thankyou for the information, just needed to check as he didn't want her to have anything, and she harassing me for things as she couldn't take over the money in his bank for some reason even though she has the same bank.
before I hand over the remaining money after all bills have been paid am I right I must wait a month to ensure no outstanding debts are owed.
Customer: replied 1 year ago.
There is also a car that she wants is she legally allowed to have that straight away.
Expert:  Clare replied 1 year ago.

Have you obtained Probate of the Will?

Customer: replied 1 year ago.
finally once I hand over all the remaining money to her can I then advocate my dealings with the will.
No I haven't obtained probate as his estate isn't valued over £5000.
Customer: replied 1 year ago.
are you still there
Expert:  Clare replied 1 year ago.

My apologies for the delay

Yes if you assist with the money then you can leave the rest of the matters - including paying any debts that come up - to her.

Clare and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
do I need to get a legal document, to say, that I am no longer the executive, all other information needs to go through her.
Expert:  Clare replied 1 year ago.

Since there is no Probate you do not need to do this

Customer: replied 1 year ago.
thank you Clare for your assistance in this matter.
Expert:  Clare replied 1 year ago.

You are most welcome - I wish the news had been better