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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10268
Experience:  Barrister 17 years experience
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My grandchildrens father died intestate and I understand they

Resolved Question:

My grandchildren's father died intestate and I understand they are the sole beneficieries. Their father had a girlfriend who offered to look after the paperwork whilst the children made the funera l arrangements. She has not done this and will not supply the children with the death certificates or any other relevant paperwork. Also she will not allow them access to his property (rented) . Is this a case for a small claims court. There will not be any money involved apart from the fact that the girlfriend has sold his car and not closed his bank account which is still active
Submitted: 2 years ago.
Category: Law
Expert:  Buachaill replied 2 years ago.

Buachaill :

1. At the outset, the three surviving children are only the sole beneficiaries if their father left no wife, and if he was not cohabiting with his girlfriend for two years as of the date of death. This is because the girlfriend can make a claim under the 1975 Inheritance (Provision for Family & Dependents) Act if she was cohabiting with him for two years before his death. Given her aggressive attitude which is to deny access, it may be that she has received some legal advice on her rights. Also there may be jointly own assets in which she has a share.

Buachaill :

2. Secondly, any death certificate, if a public document so it can be accessed at the Marriage Births & Deaths REgister. Thirdly, if this probate matter gets litigated it will have to be in the County Court as probate disputes are not dealt with by the Small Claims court. Fourthly, I would suggest that some interested relative of the deceased, extracts letters of administration to his estate and administers his affairs and estate. This will bring finality to who owns what and who owns the proceeds of the car or bank account. Be aware that if the estate is worth less than 5,000 then probate is not necessary.

Customer:

Thanks for that great help

Buachaill :

Please RATE the Answer positively as this is the only way in which your Expert will get paid.

Customer:

I understand that only the surviving children are entitled to estate. There will not be any money, all we are concerned with is winding the estate up and getting the relevant papers from the deceased's girlfriend, who was not co=habiting and gainng entry to the property to retrieve some personal posessions

Buachaill, Barrister
Category: Law
Satisfied Customers: 10268
Experience: Barrister 17 years experience
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