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Joshua
Joshua, Lawyer
Category: Family Law
Satisfied Customers: 26069
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I am recently widowed from a husband I've been & still

Customer Question

I am recently widowed from a husband I've been & still married too on the day he died..His mother who made a will also died two weeks before..I bought up three stepchildren & put up with mental & physical abuse from my husband for many years & we parted. He moved home too Looe in Cornwall & I stayed here in Spain..When he died I'd been over to see both people in the April. He & sister plus all children were left something in his mothers will...As its in the hands of a solicitor & as I'm actually his next of kin, I need advice on what I should do if anything. I live here in Spain alone now, I'm 67 years old & still have to work to live here..Can you give me any advice please..
Submitted: 1 month ago.
Category: Family Law
Expert:  Joshua replied 1 month ago.

Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

  1. Please accept my condolences for the loss of your husband though I note the circumstances. May I ask if you are aware whether your husband made a will?
  2. Do you know the terms of his mothers will or not at this time?
Customer: replied 1 month ago.
No my husband actually didn't have too much to leave so his children have been left to sort that out..All I know about his mother's will was that the main part of everything was left to My husbands sister, My husband, his three children & his sisters three children. Her apartment in Looe has gone on the market for £160.000..I know that her will hadn't been changed in April, as was visiting her with my step-daughter when she advised her, that the Great children had not been put into it & to make sure that they received a little something once everything had been sorted out from her solicitor. It will am sure have to go through probate. At this time all I really would like to know is if, as his wife when he died am I entitled to anything from his part of the estate & If so will the solicitor automatically get in touch with me & tell me....Thank you...
Customer: replied 1 month ago.
Please understand I'm 67 years old & the reason I'm asking these questions is because I have not got much money so it is cheaper for me to answer questions this way on the money I've paid...Thank you...
Customer: replied 1 month ago.
I'm just really looking to find out my position with regards ***** ***** above..Thank's..
Expert:  Joshua replied 1 month ago.
  1. Many thanks for the above information. May I clarify are you seeking to establish whether you are entitled to anything from your husband's estate or just whether you need to be involved in dealing with your husband's estate or both?
  2. From what you say above, do I understand correctly that to your knowledge your husband made no will?
Customer: replied 1 month ago.
I am trying to establish whether I am entitled to anything from my husbands side of the estate left by his mother in her will..My husband left no will..
Expert:  Joshua replied 1 month ago.

Thank you. On the basis that your husband left no will as you will likely be aware you will be entitled to all his personal possessions and the first 3250K of his estate which I suspect from what you say will cover everything he owned at the time he passed away. If there is more in terms of assets the rules are slightly more complex for any amount over that, but essentially anything over the above figure gets divded in half, with one half going to his children and the other to you as a right to the income and then to the children after our death.

You also have a right to act as administrator of his estate should you wish to which means you will control the legal process.

In terms of whether your husband is entitled to anything from his mother's estate, this will depend entirely upon the terms of his mothers will. You can ask for a copy of his mothers will. If the family will not release a copy of it to you you can apply for a standing search of the probate registry and once they apply for probate the will becomes a public document and you will be sent a copy by the probate registry under your standing search application.

If his mother left him anything then his estate will inherit that and you will take it under the above rules. One thing to be aware of is that it is not uncommon for wills to include a survivorship condition which may say that in order to inherit a person must survive your mother in law by 28 days or a similar period. Such a provision is not in every will but is is not an uncommon provision. If there is such a condition, and your husband did not meet the condition specified then his estate will not inherit. The only way to determine this is to obtain a copy of his mothers will using the above approaches. Once you have this you will be able to determine what you are entitled to.

If you require any assistance either in terms of applying for probate for your husband's estate (if you decide to act as administrator) or in terms of applying for a standing search for a copy of your mother in laws will, please do let me know.

Does the above answer all your questions? If it does, I should be very grateful if you would kindly take a moment to click a rating for my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though

Joshua and other Family Law Specialists are ready to help you
Customer: replied 1 month ago.
Thank you so very much for your help. I will consider all that you've said & then make a decision..If the survivorship condition wasn't included will the solicitor get in touch with me themselves...It was 10 days between mother & son dying...Of course I'll get back to you after I've decided what to do...
Expert:  Joshua replied 1 month ago.

A pleasure. He may do but think it would be unsafe to assume you will be contacted without taking steps yourself at this stage. At the present time from what you have said I think the most important decisions for you are whether you wish to take on administration of your husband's estate - if he had any assets that you wish to claim as yours then you may wish to. You will be entitled to them under the above rules whether you do or do not but if you act as administrator, then you are not relint upon someone else to transfer ownership to you. On the other hand if your husband had very few assets you may consider it is not worth the trouble of taking administration yourself.

On the other matter, if the family will not provide you with a copy of your MIL's will then you may wish to enter a standing search request so you can obtain a copy of the will as soon as they apply for probate to ascertain whether your husbands estate is entitled to anything or not.

As above, if you require any assistance with either of the above or generally, please do not hesitate to revert to me

Customer: replied 1 month ago.
Sorry, can you tell me how long it takes for probate to be given if that's the right way to put it..Thank you...
Expert:  Joshua replied 1 month ago.

From the date of application it is typically granted in 1-3 weeks assuming there are no mistakes or queries on the application. However in terms of your other in laws estate, of course you will not know when they will make the application because before they do so they must get valuations on the assets which can take a time particularly if they executors are not very motivated. If she owned her house in her sole name though they will need probate to sell it so this will suggest they are in the process of or already have applied for it. A standing search that I refer to above lasts for 6 months so you will be notified either by return if they have already applied for probate or at any time in the next 6 months when they do. After 6 months you have to renew the search for another 6 months if they still haven't applied by then.

Customer: replied 1 month ago.
the house having been put on the market would assume that probate has already been granted...
Expert:  Joshua replied 1 month ago.

It is not uncommon to start marketing the house before probate is granted. It does suggest that they will be motivated to obtain probate though if they have not already got it as they will not be able to complete the sale without it if your MIL owned the property

Customer: replied 1 month ago.
Ok. Thank you so very much for all your help, I do appreciate it & have given you a review...
Expert:  Joshua replied 1 month ago.

A pleasure. and many thanks.