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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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I'm writing re my dad, a 75 yr old gentleman living in

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I'm writing re my dad, a 75 yr old gentleman living in xxxx on sea. His partner of 30 years died last month, and was laid to rest last Thursday, 11th June. In her will, she left jewellery and a collection of china to her niece, a xxxxx xxxxxxx, of xxxx  Ms xxxxxx has left messages on my father's answer-phone this afternoon saying that she will be coming to the house tomorrow to collect these things. I have contacted her to tell her that he is unwell, and does not want any visitors now. I have also explained that, until probate is granted, beneficiaries cannot be given anything. It's my belief that probate is granted, then debts settled, then things are distributed to beneficiaries (??) Ms xxxxxxx has left a message containing swearwords on my dad's answerphone this afternoon. She has texted me several times despite my explaining the above to her, and I have pleaded with her to not call or visit my dad. He is very unwell. He had a mini-stroke recently because of the bereavement and stress. Today, with all this, he is a nervous wreak- he can barely stop shaking. I have stayed with him quite a lot since the bereavement of 17/5/15, and only returned home- to Colchester- last night. I am not due to stay with him again till 22nd June. Ms xxxxxxxxxx has texted me since the start of this email and told me again that she WILL go to the house tomorrow and gain entry and take what she says is hers. She has also said she will 'contact the police to force entry'. My dad has a bad heart and had major heart surgery in December. He also has angina. I am very scared that this extra stress may be the end of him. I am 120 miles away and I'm contacting you because I don't know what to do. I have contacted 2 solicitors in the last week but they said they can't take on our case (we want to challenge a few things in the will, but the niece does not know this so this isn't why she is being nasty), so I can't get any legal help. Please, what do you advise???

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.
Who owns the property your father lives in, and why do you wish to challenge the Will?
Clare
Customer: replied 2 years ago.

Hi,

The property was owned by my dad and his partner as 'tenants in common' with his partner owning 90% and he owning 10%. The will says he can stay in the house rent free till he dies ('or till he marries or co-habits' which he doesn't want to do anyway, but he is hurt by the inclusion of this!)

We don't want to contest the will, though I think there would be reason to, incl. that she signed it three days before she died, whilst in hospital on morphine, without her glasses or hearing aid.. there are other things. But half the estate is left to a charity and given their reputation for fighting will disputes, we don't want to go down that route. My dad's consultant has said he will probably only have another 2 or 3 years to live.

However, there are a few conditions that we want to challenge or negotiate.

Many thanks,

Hs

Customer: replied 2 years ago.

Please could you remove personal names etc from my initial post. I did not know this was a forum that could be searched via Google.

Expert:  Clare replied 2 years ago.
HI
Already requested!
You are correct - it is for the executors to deal with the distribution of the assets - not for the beneficiary to demand entry.
If she does turn up then your father needs to call the police - she has no right to enter the property.
It is clear that proper provision has not been made for your father - and the other side of the reputation that Charities have for fighting such disputes is that they are very aware of the risks of litigation where the other side has a strong case - so in fact there may be more room for manoeuvre than you think
I hope that this is of assistance - please ask if you need further details
Clare
Expert:  Clare replied 2 years ago.
Hi
I am sorry that you feel that my service was poor meaning that I get no credit for my time and which is not necessary for and does not trigger a refund
I am not sure what further information you need - do please ask
Clare
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