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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33276
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hi my dad passed a away a few weeks ago he left a will both

Customer Question

Hi my dad passed a away a few weeks ago he left a will both myself and my sister are Executors and trustees , we have just found out he is still married to his russan wife to which the devorice was going though and came to an agreement in medeation to i have found the paper work and both have signed .Now i have found a B94-1 NOTICE OF APPLICATION FOR A HOME RIGHT , she did in 2010 the house is in my fathers name .I dont think she even knows mt father has passed. but we need this gone . Help please
Submitted: 3 years ago.
Category: Law
Expert:  Stuart J replied 3 years ago.
Was he married in the UK?
Customer: replied 3 years ago.


yes


 

Customer: replied 3 years ago.


hello

Expert:  Stuart J replied 3 years ago.

Do you know where she is? Does she have any interest in the property? Does she have solicitors?

Did she and father come to any financlkial agreement in 2010 or after the right was regd?

Customer: replied 3 years ago.


sorry did no how this worked.


 


Yes she lives in the town where my father lived. iam not sure i dont no her if she has interent yes she has solicitors who where dealing with the divorce. they come to an agreement in 2012 in there fnal mediation .


could we get the home rights notice removed with out her knowing ??

Expert:  Clare replied 3 years ago.
Hi
When was the Will actually signed - was it before or after his marriage?
If it was before his marriage then in fact it is no longer valid.
With regard to the financial settlement reached between them the crucial question is whether or not there has been a formal Court Order sealed by the Court - if not the the agreement that has been reached is not binding and his Widow (which is what she is I am afraid) can reopen her claims on the Estate
I am afraid that in the absence of a Decree Absolute or a Court Order within which his ex agreed to withdraw the Restriction then the Restriction cannot be raised without the knowledge and agreement of his ex
Claire
Customer: replied 3 years ago.


the will was made Jan 2012, she left his house in march 2010 after getting her council house what she wanted and filed for divorce in june 2011 .the copy of the final mediation agreement was signed Aug 2012 . And it states THEREWILL BE NO OTHER FINANCIAL CLAIMS EITHER WAY AND ANY MAINTENANCE ,LUMP SUM OR PENSION WOULD BE DISMISSED. will this not stand for nothing ? the house is only in my fathers name .

Expert:  Clare replied 3 years ago.
Hi
The date of the Will is excellent news
Is there any sign that the Mediation agreement was turned into a court order?
Claire
Customer: replied 3 years ago.


no it wasnt

Expert:  Clare replied 3 years ago.
Hi
That is not such good news.
In terms of the agreement that was reached is there any money due to his ex?
Claire
Customer: replied 3 years ago.


yes which we are preperd to pay if needed . we just want this home right notice removed how can we do this ?? thanks

Expert:  Clare replied 3 years ago.
Hi
The form you need is here
http://www.landregistry.gov.uk/_media/downloads/forms/HR4.pdf
and as you can see you need to send in the Death Certificate.
Your father's ex will be notified and will be making a claim - so it woudl be a good idea to get a solicitor to write and confirm that the Estate will stand by the agreement - which will hopefully avoid expensive litigation
Claire

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