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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33290
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Can a promise in a divorce settlement to leave property upon

Customer Question

Can a promise in a divorce settlement to leave property upon the promisee's death be reneged upon in his last Will?
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
Was this agreement made part of a court order sealed by the court
Claire
Customer: replied 3 years ago.


It was documented in a divorce petition.

Expert:  Clare replied 3 years ago.
Hi
A Sealed Financial Order is not the same as a Divorce Petition - have they produced copies of any paperwork?
Claire
Customer: replied 3 years ago.


They have produced a copy of the divorce petition and a note written by my Father saying that when he dies he will leave the house to these two children. We believe our Father was under some duress when he wrote the note.

Expert:  Clare replied 3 years ago.
Hi
That is not a binding document and unless they produce an Order sealed by the court in which your father gave an Undertaking to leave the house to them then his Will stands
Claire
Customer: replied 3 years ago.


There is a hearing set for tomorrow in respect of the two adult claimants' claim that their Father's will has not made reasonable provision for them. The above question relates to the threat of another claim contained in a letter received today citing supposed breaches of trust by the Estate's Executrix ( all of which can be rebutted ). The Executrix feels she should tell the judge tomorrow that she has received this notice of further claims. The timing seems designed to intimidate. Would she be right to inform the judge of receipt of this further claim since one impacts on the other?

Expert:  Clare replied 3 years ago.

Hi Thanks for using JustAnswer. My name isXXXXX will do whatever I can to answer your questions !

Customer: replied 3 years ago.


Please re-read the above. The last sentence is a question. i.e. Would the Executrix be right to inform the judge of receipt of further claim as the second claim ( letter received today ) impacts on the initial claim which is being heard tomorrow?

Expert:  Clare replied 3 years ago.
Hi
My apologies for the typing error that led to the last "Answer"
Not only is it right it is necessary for the Executrix (who is clearly beleaguered) to mention to the court that this further claim has been raised
Claire
Clare, Solicitor
Category: Law
Satisfied Customers: 33290
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you
Customer: replied 3 years ago.
Thank you
Expert:  Clare replied 3 years ago.
Hi
You are most welcome I hope all goes well for her
Claire

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