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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11148
Experience:  30 years as a practising solicitor.
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My wife and I are trying to help a young man in connection

Resolved Question:

My wife and I are trying to help a young man in connection with a legal matter. Herewith the details. The young man is one of three children whose father died about a year ago after an illnes that lasted approx a year. He did not leave a will. As the the father was divorced and estranged from his other two children, the young man gave up his job and nursed his father for approx one year until he died. The three siblings were aware of one of one account held by their father which contained approx £15k and this was shared equally between the three. We do not yet know whether this was done through a solicitor! The young man was however aware ( unknown to his other two siblings) of a second account held by the father which contains approx £70k. We are not yet clear whether he has access to that account but suspect that he has. He thinks that he has a right to those funds in view of the fact that he alone looked after his father during the year when he gave up his job and nursed his father until his dying day. We suspect that he does not unless such is decided ? by a Court of Law ? or another legal body. Unless he can prove that he was financially disadvantaged and quantify that financial disadvantage we suspect that legally the £70k or what remains after his claim for expenses will have to be shared equally between the three siblings. Please give us some general advice of the Law relating to such a situation so that we can give him some advice before he approaches a solicitor ( which we are recommending him to do unless you think such is not necessary ) . Kind regards ***** ***** PS. In case it is still relevent these days, the young man is not the eldest sibling.

Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
The law says that if there is no will and there are three surviving children they inherit their fathers estate equally. The son who was the carer has no special entitlement to the estate over and above the other two.
Happy to discuss further but a court has no power to award him anything and financial disadvantage is irrelevant other than any expenses he may have incurred whilst his father was still alive.
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Customer: replied 2 years ago.
Thank you very much