How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33312
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
13262538
Type Your Law Question Here...
Clare is online now

My children who live in Scotland have just found that their

Customer Question

My children who live in Scotland have just found that their father died a year ago. He lived in England and he didn't keep in contact with them. I divorced him in 1974 for mental and physical cruelty towards me and the children. I brought them up and struggled financially to provide for them. I never remarried. He sent £10 weekly maintenance, it was a constant struggle to get it and I asked him frequently over the years for more financial help but he always refused.He had several businesses in England and was quite well off. We have tried to find out if he left a will, but with no success. He had remarried but had no children to his 2nd wife. My children tried to keep in touch over the years, but he obviously had no interest in them. Could you tell me if my children would have any claim on his estate. He did not provide adequately for them over the years when they were young.
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thanks for using JustAnswer. My name isXXXXX will do whatever I can to answer your question,
Do you mean that you have made a formal search of the Probate Registry?
Claire
Customer: replied 3 years ago.

Hi Claire, yes my daughter paid fee to find out if there had been a will lodged. She got letter saying there was no trace of a will. He lived in Preston.Don't know if there is any other court we should try.

Expert:  Clare replied 3 years ago.
Hi
If your daughter did a Probate Search then it covers all areas - details here
http://www.justice.gov.uk/courts/probate/copies-of-grants-wills
Ifthere was no Will then his widow would have been entitled to the first £250,000 of his assets (plus all his personal possessions) plus a life interest in half of the remainder. The other half would have to be divided between his children.
However any assets that were in their joint names would have gone to her automatically.
Given this potential claim your children could reasonably write to his widow and ask for an accounting of his estate
Claire
Clare, Solicitor
Category: Law
Satisfied Customers: 33312
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and 2 other Law Specialists are ready to help you
Customer: replied 3 years ago.

Hello Claire, thank you. You said to ask for an account of his estate, but if she refuses, which I think probably she will, what other means of redress could they take. Would it be worth their while engaging a solicitor in England and what do you think of their chances of success would be.

Expert:  Clare replied 3 years ago.
Hi
In that case it would be best to get a solicitor to write and make it clear that your children will make a formal claim against the Widow for their share of the estate - it is of course impossible to judge whether it will be worthwhile since there are no financial details currently available!
Claire

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice