How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33501
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
13262538
Type Your Law Question Here...
Clare is online now

My stepmother claims she's lost my fathers will and can't re

Resolved Question:

My stepmother claims she's lost my fathers will and can't remember the name of his solicitors. She had lasting powers of attorney and I was named as a "second" and also as next of kin as his eldest daughter.
My father told me, before he died on 9/7/15 that I was an executor and about various bank accounts, so I know that including their property, the estate is relatively large. I have one of their bank account details but they have various accounts etc even in NZ!
My father was 20 years older than stepmother, She was very difficult and incredibly cruel to my father during his illness, not even going to his cremation and going to a pop concert 3 hours after his death. My father has 2 children, 6 granchildren and 7 great granchildren, all of whom he doted on. She had no children and openley avoided the young children, stating she hated kids!
I'm sure my father would have wanted to leave them something if only a token. She said he had nothing of value ( which isnt true as I've given him various things over the years) and she's already sent all his things to a charity shop!
I have signed up to the "Certainty will register" but as yet have heard nothing.
Is there anything I can do to find the will and execute his wishes, whatever they may be. I feel powerless and angry and I know that she's not telling the truth, particularly as she is meticulous about documents and money matters, I'm certain she's hiding something!!
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year 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.
How much was his estate worth?
Clare
Customer: replied 1 year ago.

Hi Clare.

Probably upwards of 1.5 million

Lucy

Expert:  Clare replied 1 year ago.
Hi
Are these assets all in his sole name?
Clare
Customer: replied 1 year ago.

No, I believe they're in both names. Or since she acquired lasting power of attorney I think she transferred most things into her name.He had an independent savings account but she emptied that during the last year of his life. He owned property and business prior to meeting her. She had nothing. They were married for many years. He may have left all or half the house in trust for the family, which could be the reason she claims she can't find the will or remember the solicitors name. At least 2 accounts are held in Nz as I mentioned. They had property there from late 90's until the earthquake when they received a substantial payout. She has said that the money's there is to avoid paying tax.

Expert:  Clare replied 1 year ago.
Hi
Do you have any idea which solicitor he might have used?
Or where ?
Clare
Customer: replied 1 year ago.

No, that's why I signed up to the Certainty will register. It could be in Woking Surrey or Henley Oxfordshire. All previous addresses have been given.

Lucy

Expert:  Clare replied 1 year ago.
Hi
Sadly the Register is not as extensive as they like to think.
One starting point is to phone all solicitors in the two areas and ask if they are holding a Will - or ever prepared one for your father
You can check the ownership of any properties you are aware of and see if they were held as Joint tenants 9and pass to her automatically) or as Tenants in Common - in which case they can only be dealt with via a Will.
Any monies in Joint Accounts will pass to her automatically as well.
You should also lodge a Caveat with the Probate Registry in case she applies for Letters of Administration without notifying you.
Finally you could write a formal letter asking for evidence that all assets were held in joint names and pointing out that if not then she is only entitled to the first £250,000 free and clear.
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33501
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and 2 other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice