£100,000 house which is in my name and hers so I don't think they can do anything about that, comes to me anyway. £30,000 in premium bonds in my Sons name who is 4, he lives with me now & £30,000 in premium bonds in her name & about 5-10k in bank accounts in her name, car worth about £1.5k
Also how can I get an interim death certificate to stop them going to the banks, as that's what they said they are going to do?
Does the coroner know that you are the executor?
When was the will written?
Do you inherit everything?
Yes I told the coroner, he said he doesnt get involved, will was written in 2006, yes I inherit everything but at the time it was written we didnt have much & we didnt have a child, it says she leaves the car she owns a time of death to me & all of her estate but doesnt specify what is in the estate and at the time she wrote it we only had a couple of thousand which we had saved.
Thank you. The fact that thewill was written some years ago is excellent. There is less chance ofcontesting it, (particularly in view of the fact that your ex partner committedsuicide) on the basis that she did not have mental capacity to do it or to knowwhat she was doing. You are the executor of the estate. Another name for theexecutor of the estate is the personal representative. You will very often usethe term used and that is what it means.
You are entitled to theinterim death certificate. Unfortunately, you cannot beat the coroner with astick you can threaten an application to court for an order for "delivery up". Tobe honest, the order should be a formality if you make the application tocourt, you will get the order if you produced the will and there is no disputeover the validity of the will. The coroner is unlikely to contest it so itwould be worthwhile speaking to the coroner and asking whether he would let youhave a copy of the interim death certificate if you got an order from thecourt. Please note that this is not threatening type application this is purelyso that his back is covered in the event that the rest of the family start tokick up a fuss.
I would speak to the coroneras soon as you can to establish that he would be happy to let you have it onproduction of a court order.
You can make an emergencyapplication to court for an order for delivery up and solicitor makes it andattaches a certificate of urgency, it could be in court within hours or days,not weeks.
As an alternative, you canmake the application against whoever actually has the death certificate.
Meanwhile, you are quitecorrect in that any joint assets passed to you automatically by right ofsurvivorship
Any other assets can probablybe dealt with without probate as these are cash/bank accounts. If the rest ofthe family members were to say that they were entitled to this money, than onthe fact you give, they would be committing fraud as they are clearly notentitled to them. However you are better off trying to head that off at thepass and to war void them getting hold of the money in the first place and inthat respect, I would go into the bank and tell them that there is an issueover the death certificate and ask them to freeze the bank accounts becauseyour partner has died, you do not yet have the death certificate and yoususpect that other family members will be trying to get hold of the moneybefore you do. Let them see the original will.
If they refuse to freeze thebank accounts, tell them that you will hold them responsible if any of themoney goes out.
Does that answer thequestion? I am happy to answer specific points.
Can I help further?
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