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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10458
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My partner of 20 yrs recently died intestate.I gave all of

Customer Question

My partner of 20 yrs recently died intestate.I gave all of his bank books to one of his four daugthers. Before he became ill together we puchased a car which was paid for and maintained jointly. His daughter via her solicitor has now written demanding return of the car under the inteference of goods act 1977, or legal action will be taken,. I am an elderly lady an at mywitts end I do not know what to do. Please help. Beryl. Worcester.
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.

Hi Beryl,

Thanks for your enquiry and am sorry to hear of your situation.

I take it that your partner is the registered keeper of the car?

Would you also like some advice generally concerning your Partner's Estate and whether you are entitled to anything?

I look forward to hearing from you.

Kind Regards
AL
Customer: replied 3 years ago.

Yes please. Im on limited income I dont know what to do.

Customer: replied 3 years ago.

please any advice, I do not know what to do:,please help.

Customer: replied 3 years ago.

please send me any advice. his daughter has sent this letter and it threatens me saying they can come and take the car from me.

Expert:  Aston Lawyer replied 3 years ago.
Hi Beryl,

Thanks for your reply.

On the basis that you had been living with your Partner as "husband and wife" for at least 2 years, you may be entitled to make a claim against his Estate under the Inheritance (Provision for Family and Dependants) Act 1975.
This Act is there to protect people like yourself who may have been financially dependant on their spouse/partner and where that spouse/partner dies, and does not leave reasonable financial provision for the surviving spouse/partner.

I do not know if you had any joint accounts/whether the property is owned and if so, in whose name the Deeds are in, but please let me know.

As regards XXXXX XXXXX even if your partner was the registered keeper, this is not evidence that he was the legal owner. You should therefore not hand over any keys/paperwork for the car. I would certainly hope matters can be resolved amicably, but on the basis that you contributed jointly to the purchase of the car and coupled with the above mentioned Act, I would sincerely XXXXX XXXXX you would be able to retain it.

As regards XXXXX XXXXX you do really need to appoint a Solicitor just as soon as possible, and before the daughters spend/get hold of your partner's assets. Although most Solicitors do of course upfront, some do take cases like yours on a "no win, no fee" basis. You may even find a kind Solicitor who would be happy to just charge you at the end of the matter. Either way, you would end up with a legal Bill which is something you may not want.

If you could let me have your postcode, I can search to find you a suitable Solicitor if you want me to.

Please could you also let me know how much money your partner did leave, and whether you have any joint accounts and the position concerning the property.

I look forward to hearing from you.


Kind Regards
AL

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Customer: replied 3 years ago.

Thankyou for your advice,i feel more relieved now.


Regards Beryl.

Expert:  Aston Lawyer replied 3 years ago.

Thanks Beryl.

Good luck.

Best Wishes
AL