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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33946
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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we have just discovered that after my fathers death his will

Resolved Question:

we have just discovered that after my fathers death his will was not presented by his wife
(they were at the end of a divorce at nisei but not absolute) so his wishes were not met and
i have just found out that it has been put down as dieing intestate she was well aware of his will which was drawn up three weeks prior to his death.she has befriended me but now i feel
only to be deceitful where do i stand
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.
Was the Will signed - who were the named executors?
How have you discovered this?
Clare
Customer: replied 2 years ago.

the will was signed and drawn up by local solicitors the two executors both withdrew there services not to sure why one has completely

vanished this left problems for the solicitors and at this stage i did not have a copy of the will it has taken couple of years and i eventually

received a copy from the solicitor who advised me possibly i might need

to look into things unfortunately i became ill and there was a time delay

i have since contacted probate who have sent me the details of his dyeing intestate and to whom the estate was granted,

he died april 2012 and probate was granted april 2014 this lady

was well aware of the will and advised me to leave the tangled web

alone.

Expert:  Clare replied 2 years ago.
Hi
Sorry, for clarity.
Were the solicitors aware that your father had died?
What assets did your father have?
Clare
Customer: replied 2 years ago.

yes they were aware he had £22,000 in bank and some land i'm not sure that they are aware of the probate situation but i cannot aford a big lawyers bill i just feel sure this is fraud? as i was not an executor i was given very little information but was made aware that things may not be right but at the time could not obtain the info needed

Expert:  Clare replied 2 years ago.
Hi
How much was the land worth and what assets were shared with his wife
Clare
Customer: replied 2 years ago.

i do not know this info, i just want to know if presenting yourself to probate saying there was not a will when she was well aware there

was is an offence.

Expert:  Clare replied 2 years ago.
Hi
The entire circumstances seem bizarre.
When you say that she was aware of it - had she actually seen it?
Clare
Customer: replied 2 years ago.

none of us were aware of its contents to begin with but when i was made aware i discussed it with her and then when the exec's pulled out

and it could not move forward she was advising me to keep out as it

seemed complicated the will states the land to be left to one lady

and the remainder to be split between six children two of which were

her own children she is not named at all but as their decree absolute

had not gone through she was technically still his next of kin

Expert:  Clare replied 2 years ago.
Hi
This does seem a complicated situation
Did she use the same solicitor who had prepared the Will?
How long had she and your father lived together?
Clare
Customer: replied 2 years ago.

i do not think she did but i do not know how to get that info they were

married for approx 16 yrs and he did not own a property BUT CAN YOU ANSWER IF IT IS FRAUD after all she knew of the will but has disregarded it

Expert:  Clare replied 2 years ago.
Hi
It is potentially fraud
The matter is complicated by the fact that the Executors failed to take action on the Will leaving the estate un dealt with
In those circumstances as his Widow she was entitled to apply to administer the estate
However the fact that she was aware of the Will does make her actions potentially underhand to say the least as she should have produced the Will when making the application and ensured that the assets were dealt with as your father wished
Alternatively she shoudl have applied to the Court for an Order granting her a share of the estate on the basis that she was entitled to it as his widow.
The question now is how you wish to proceed - which will to an extent depend on the amount involved since court action will cut in to whatever assets there are
Please ask if you need further details
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33946
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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