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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.
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My mum passed away in June 2014 at which

Customer Question

Hi my name is Barbara
My mum passed away in June 2014 at which time she was estranged from her husband as he had been 'messing about' with her granddaughter.
In her will she said that he had enough monies to survive and left him nothing. However since her death his children have asked us for half of the estate (which we have knocked down to £100,000) in lieu of a divorce settlement. Now they want a deed of variation which me and my siblings (4 of us) were against but were told that if we did not agree the courts would order it and we would have to pay costs.
I am not happy with the way our solicitor has handled this case at all. Can you help??
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
May I ask why you object to a Deed of Variation -which would indeed be the standard way of doing this?
Clare
Customer: replied 2 years ago.

Nothing in mums will has been adhered to so far and to change it seems the last straw.

Expert:  Clare replied 2 years ago.
Hi
I do understand the emotional import of that - and that it must feel that you are in some ways betraying her by signing such a Deed.
Are there any Court Proceedings currently before the court?
Clare
Customer: replied 2 years ago.

No. We have made an offer which has been accepted providing we do a deed of variation.

Expert:  Clare replied 2 years ago.
Hi
As I said I do understand how you feel - but this is the most appropriate way to deal with the matter - and the cheapest.
However if you simply cannot bear to do it then you could agree to pay the costs of him issuing a Court application and a Consent Order being agreed and submitted.
This could cost an extra £500 and £1000
I am not sure if this is what you needed to know - please ask if you need further details
Clare
Clare and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thanks for your help ~ it seems that this is the way to go forward.

Expert:  Clare replied 2 years ago.
Hi
I am afraid so
Clare