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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10456
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My ex husband has just died he was living with a partner I

Resolved Question:

My ex husband has just died he was living with a partner I have my only son from the marriage who does all the sorting out of will etc
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

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

If your ex husband left a Will, it is up to whoever he has appointed as Executor to deal with all the paperwork concerning his Estate as well as arranging his funeral.

If he did not leave a Will, then unless he and his partner were in a civil partnership, his next of kin would be your Son, who is therefore legally entitled to deal with his Estate.

I hope this assists you, but please let me know if you require any further clarification.

Kind Regards

AL

Customer: replied 2 years ago.
Can I do this on behalf of my son as of course he is working and I am retired can I go to his partners house and get all of my ex husbands paperwork
Expert:  Aston Lawyer replied 2 years ago.

Hi,

On the basis that your ex husband did not leave a Will, it is legally up to your Son to do all the running about and if the partner is awkward, she could refuse to hand over any paperwork to you. You can always ask her, but she could refuse.

If your ex husband left over £5,000, your son will need to apply for Letters of Administration which is a document to be obtained from a local Probate Registry, confirming that he has the power to deal with his Father's Estate. This document is then produced to the Banks etc before they will close any account etc. If your Son does not wish this responsibility, he could appoint you as his Attorney. Once, and only once the Probate Registry has granted Letters of Administration to you as his Attorney, would you be entitled to legally deal with the paperwork.

You may wish to speak to a local Wills/Probate Solicitor in this regard.

I hope this assists.

Kind Regards

AL

Aston Lawyer and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Can his partner empty his bank account she is saying he did not leave a will also as my son is next of kin can she get the death certificate etc to go ahead with his funeral
Expert:  Aston Lawyer replied 2 years ago.

Hi,

Unless it is a joint account, she certainly can't touch his Bank account-if she does, she would be guilty of theft.

She can, however apply fo rthe death certificate and arrange the funeral provided your Son is happy for her to do this.

Kind Regards

AL

Customer: replied 2 years ago.
ForCustomer can my son ask for the death certificate from who does he get it also can he do the planning of the funeral does she have a say in any of it
Customer: replied 2 years ago.
ForCustomercan my son ask who ever it is he needs to ask for a death certificate also can he do the planning of the funeral and does she have any say in it
Expert:  Aston Lawyer replied 2 years ago.

Yes- your Son can deal with the death certificate (although any person can apply for the certificate).

Legally, only he is entitled to deal with the funeral.

Kind Regards

AL

Customer: replied 2 years ago.
Thankyou
Expert:  Aston Lawyer replied 2 years ago.
Thanks.
I wish you all the best.
Kind Regards
AL
Customer: replied 2 years ago.
She is now making a fuss about my son having the death certificate and the hospital won't hand it over to him the hospital are waiting for their managers to mak a decision surely they cannot hand it to her
Customer: replied 2 years ago.
She is now making a fuss about my son having the death certificate and the hospital won't hand it over to him the hospital are waiting for their managers to mak a decision surely they cannot hand it to her For Aston lawyer
Customer: replied 2 years ago.
For Aston lawyer She is now making a fuss about my son getting the death certificate the hospital won't release it to my son they have now given it to their managers to sort out Surely they cannot hand it to her