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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33817
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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Inheritance law and defending a will Assistant: Thank you.

Resolved Question:

inheritance law and defending a will
Assistant: Thank you. Can you provide any more details to help us find you the right Expert?
Customer: my father was adamant my sister should not receive a penny and named me first executor (with two backups in the event of my inability to act) and sole beleficiary with two fallbacks again in the event i or the second fallback was unable to receive the residuary estate
Submitted: 6 months ago.
Category: Family Law
Customer: replied 6 months ago.
She was estranged by her own choice from immediate family and used to verbally refer to him as 'the sperm donor' she has now found out there is an inheritance and has decided she should receive 25%, the will contains a clause stating 'If I have omitted to leave property in this will to one or more of my issue the failure to do so is intentional.', my question relates to the will itself and the possibility of contesting it, the will is signed and witnessed however it is not initialled on every page, will this allow her to invalidate the will?
Expert:  Clare replied 6 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

Which part of the Uk did your father live in?

was your sister in any way financially reliant on your father?

Customer: replied 6 months ago.
My father lived in Ashton-under-Lyne (Lancashire i believe) at the time of his death.She is making a great deal about being disabled (fybromialgia) and having a disabled child (mild epilepsy) however she was never dependant on our father (my parents split when I was 11 and she was 10) and while he paid maintenance to my mother until we reached the age of 16 she lived with my mother until she was 18 and left home to marry her ex-husband.
Customer: replied 6 months ago.
She will be 38 in November.
Customer: replied 6 months ago.
I spoke to the probate helpline and as the total sum was between 100,000 and 120,000 including a pension which recently paid out they stated i did not need to apply for Probate, i am now concerned that the 6 month time limit for contesting the will wont apply...
Expert:  Clare replied 6 months ago.

Where is the money held?

Customer: replied 6 months ago.
I have tried clicking call me however the box to enter the telephone number is *****The money is currently in my bank accounts.
Expert:  Clare replied 6 months ago.

Are you aware that the site charges more for a phone call?

Just for clarity - where was the money at the time of your father's death?

Customer: replied 6 months ago.
the box makes this clear however there appears to be a bug as it will not allow me to enter a telephone number.His bank account after payment of immediate bank charges, closing his accounts and paying for his funeral contained £2400 which was paid to me as per the terms of the will.I used this sum to pay utility bills as my mother shared the property (a complicated tale but completely platonic) and to move her into a smaller property as she did not work and could not afford to stay in the larger home.The remainder of the sum was held in a pension trust which upon receipt of relevant information from family members (my sister could not be contacted as she had cut herself off from everyone) paid the entire sum to me recently.
Customer: replied 6 months ago.
My father died in March and my sister has just decided that she is due 25% of any estate, the pension company originally stated the sum did not form part of the estate as it was held in trust and has paid out to me without probate being required but again without contact with my sister (nothing is ever easy with my family) as she had changed telephone numbers and would not allow us to have her address, she has also changed her legal name several times.
Expert:  Clare replied 6 months ago.

Then please do not worry.

Your sister has no claim on any of the monies at all

As you have been told the Pension falls outside of the Will and it came to you as wished by your father.

It does not matter what application your sister makes she cannot make any claim on you

Please ask if you need further details

Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33817
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 6 months ago.
Thank-you for you help, that is a weight off my mind given her past behaviour and attempts to cause trouble for family members.

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