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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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does a Will supersede a court order

Customer Question

does a Will supersede a court order
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.

Clare :

Hi

Clare :

Thank you for your question

Clare :

My name is Clare

Clare :

I shall do my best to help you but I need some further information first

Clare :

Could you explain a little about the back ground to the question please

JACUSTOMER-2zy5o3nn- :

my partner of 25 years was sued by his three children who are aged between 30 and 42. An order was made in the High Court on the 18th June last year ordering that the freehold property at 14 hurland road truro be sold forthwith and that the property is held in trust by my partner in equal shares absolutely for the three claimants with my partner agreeing to pay the mortgage and discharge the bills until the property is sold. However, following the court case which the three claimants had a no win no fee solicitor, my partner was ordered to pay £127,500 to the claimants and their solicitors fees £45,000. The property is rented out and it was ordered that my partner could keep the rental income.

JACUSTOMER-2zy5o3nn- :

however, on the 1st november 2013 my partner suffered a severe heart attack and died. In his will it leaves me as the sole executor of the estate and the building society have just written to me as i have grant of probate telling me that on the death of the sole owner their share passes to their beneficiary by there will.

JACUSTOMER-2zy5o3nn- :

Also my partner was an undischarged bankrupt, to make matters even more complicated.

JACUSTOMER-2zy5o3nn- :

can you help

Clare :

My condolences on your loss - it must be a difficult time for you

Clare :

I am a little confused - did the children get the property AND the lump sum?

JACUSTOMER-2zy5o3nn- :

yes - which is why our barrister advised jeff to enter into bankruptcy - we have now subsequently lost the house we lived intogether too as this has been ordered to be sold by the insolvency practitioners

Clare :

What is happening to the property now?

JACUSTOMER-2zy5o3nn- :

Nothing - there are tenants in the upper part and they have a tenancy agreement until April. The bottom floor is an apartment and the tenants left last November as they were so upset Jeff had passed away.

Clare :

Hi

Clare :

sorry about that -

Clare :

are there any other assets in the estate?

JACUSTOMER-2zy5o3nn- :

No there were just the two houses

Clare :

Were you a joint owner of the house you lived in?

JACUSTOMER-2zy5o3nn- :

all the debts and creditors are now registered with the insolvency practitioners

JACUSTOMER-2zy5o3nn- :

No I was not a joint owner of either property - they were both in Jeff's sole name.

Clare :

The why on earth did the barrister suggest bankruptcy?

JACUSTOMER-2zy5o3nn- :

Because Jeff could not afford to pay the kids the £125,000 and also Burt, Bolton and Kemps solicitors costs. The house we lived in was valued at £400,000 to £425,000 and the mortgage on it was £298,000. So with all the fees, debts and mortgages there would be nothing left. That is why Mark Jones the barrister advised jeff to file for bankruptcy. But Jeff's untimely demise was very unexpected and the stress to be honest took its toll and killed him. So I am now stuck in the predicament - hence does a will or bankruptcy supersede a high court order. Which one takes precedence?

JACUSTOMER-2zy5o3nn- :

are you there Clare?

Clare :

I am here just trying to make sense of what was advised,

Clare :

i am afraid that the Court Order stands.

Clare :

The property belongs to the chidlren.

JACUSTOMER-2zy5o3nn- :

Thank you Clare, Can you imagine how I am feeling - this is all so confusing

Clare :

I would suggest that you inform them that you are transferring the property to them forthwith and that they are responsible for any further expenses on it.

Clare :

The Trustee in Bankruptcy has no claim on it as it was held in trust for the three chidlren

Clare :

The only reason not to do this is if the rental income is worth while

JACUSTOMER-2zy5o3nn- :

Thank you Clare

Clare :

I cannot imagine how awful this has been for you

Clare :

do make sure that you are kind to yourself and do not take any abuse from the children

JACUSTOMER-2zy5o3nn- :

Thank you Clare,

JACUSTOMER-2zy5o3nn- :

All of this has been very stressful. I have to move on. I have two beautiful daughters who are very kind and they have both been wonderful.

JACUSTOMER-2zy5o3nn- :

I will not take any more abuse from the three wicked children I just hope they are able to live with themselves knowing what they did to their Father.

JACUSTOMER-2zy5o3nn- :

Take care and thanks for your advice.

JACUSTOMER-2zy5o3nn- :

Valerie

Clare :

You are welcome and I am glad you are being cared for