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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33318
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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What legally is the difference between leaving your wishes

Customer Question

What legally is the difference between leaving your wishes but not a will
Submitted: 3 years ago.
Category: Law
Expert:  Stuart J replied 3 years ago.
-Could you explain your situation a little more?
Customer: replied 3 years ago.

My father died but i have been told he left his wishes not a will. I wanted to know the difference.

Expert:  Clare replied 3 years ago.
Hi
I am afraid the simple fact is that only a written Will properly signed and Witnessed is enforceable - a note of his wishes is not .
If he only left a note of his wishes then the Intestacy Rules will apply unless ALL of the beneficiaries agree to respect his wishes
Claire
Customer: replied 3 years ago.

My father died in Nov 12 i fell out with him a year ago, so i am not in his wishes/will. My brother is dealing with it and told me there was no will only his wishes.I have asked my late father' s solicitor for a copy and my brother but they have refused to do this>

Expert:  Clare replied 3 years ago.
Hi
If there is no Will then the Intestacy Rules apply and unless your mother is alive then your late fathers' estate will have to be divided equally between his offspring whatever his expressed wishes were
Claire
Customer: replied 3 years ago.

Why are they saying i am not legally allowed a copy. How should i deal with this?

Expert:  Clare replied 3 years ago.
Hi
Are they saying that they wish to abide by them or are they simply saying that the Intestacy rules apply?
Claire
Customer: replied 3 years ago.

Neither.I assumed he had made a will and thought my father would of written me out when i fell out with him.I spoke to my brother asking for a copy of the will regarding my late grandmothers will, thats when he told me he did not leave a will only his wishes, of which i was not mentioned.

Expert:  Clare replied 3 years ago.
Hi
Then I suggest that you write to him and point out that in the absence of a Will the Intestacy Rules apply and you would be grateful for confirmation that he is applying for Letters of Administration in order to distribute the estate in accordance with the rules
Claire
Customer: replied 3 years ago.

He was domociled in South Afica, he only had a house and car there. all of his financial assets were in the Uk, Jersey. The solicitor is based in the U.K

Expert:  Clare replied 3 years ago.
Hi
In that case it is not the law of England and Wales which will apply I am afraid
You can find out about the Jersey Intestacy laws here
http://www.cab.org.je/index.php?option=com_content&task=view&id=345&Itemid=54
But you would need to check with my South African colleagues what rules apply there I am afraid
Claire
Customer: replied 3 years ago.

can i obtain online information confirming that my brother has applied for letters of administratio. It does appear that his wishes are being dealt with in the U.K

Expert:  Clare replied 3 years ago.
Hi
You cannot obtain it online - but you can find the form you need online here
http://www.justice.gov.uk/courts/probate/copies-of-grants-wills
Claire

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