How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
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.
13262538
Type Your Law Question Here...
Clare is online now

My aunt before she died in 1984 said that she and her husband

Resolved Question:

My aunt before she died in 1984 said that she and her husband had made a will dividing their estate 4 ways-1 share to me,1 share to my brother,her blood nephews and 1 share each to 2 of her husbands nephews,as they themselves were childless.She predeceased him.On his death he bequeathed their house to his new partner[not married] and his other assets to his niece and nephews and nothing to his late wife's,my blood aunt's family i.e. my brother and me.Could he legally ignore his late wife's wishes.The Probate Registry do not have a record of the original joint will.
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.
Hello and thanks for using Just Answer.

My name is XXXXX XXXXX am happy to assist you with your enquiry.

To enable me to answer you fully have you seen your late Aunt's Will or have a copy?

Kind Regards
AL

Customer: replied 3 years ago.

No I have not seen my late aunt's will.As yet I have not been able to establish which solicitor would have drawn up the will,as it appears not to have gone to Probate.


Regards


Keith

Customer: replied 3 years ago.

For Aston Lawyer No I have not seen my late aunt's will.As yet I have not been able to establish which solicitor would have drawn up the will,as it appears not to have gone to Probate.

Regards

Keith

Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is XXXXX XXXXX I will do my best to help you
The simple answer is yes i am afraid so.
From what you have said it is likely that the only assets there were at the time of your Aunt's death passed by right of survivorship - in other words they were held in joint names and there was no need to obtain Probate of any Will which is why there is no trace of one
This being the case your Uncle was free to deal with his estate in any way he pleased and not be bound by plans made thirty years ago.
In any event his partner would have had a claim on the estate even had he not made provision for her
Unless you can prove that the Wills were meant to be Mutual wills and binding no matter what (unlikely after the passage of thirty years) sadly there is no action that you can take
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.
Clare and other Law Specialists are ready to help you