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Ask Clare Your Own Question
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 ex husband has died I had divorced him after 10 years of

Resolved Question:

My ex husband has died I had divorced him after 10 years of marriage and since remarried He died intestate and left a substantial amount of money in a joint bank account of which i was the other signature of which he never changed.His relations of whom he hadn,t seen for years are claiming all the money.Do I have any rights ?
Regards ***** *****
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information first.For clarity - the account was still clearly held in Joint names and he continued to operate it as such?Where did the funds in the account come from?
Customer: replied 1 year ago.

I think it was from an insurance policy can,t be sure iI remembering him saying that if anything happened to him I would be ok for money.

Customer: replied 1 year ago.

Do you need anymore information?

Expert:  Clare replied 1 year ago.
Do you know when the money went into the account?
Customer: replied 1 year ago.

I don,t know he died on the 8th of November last year and i found out in June.

Expert:  Clare replied 1 year ago.
So you do not know how long the money had been thereWhen was the divorce?
Customer: replied 1 year ago.

I was divorced in July 1991

Expert:  Clare replied 1 year ago.
The real question will be how long the money has been thereIf it is for more than a year or so then it can be assumed that your ex was well aware of the funds and chose to leave them in an account that would pass to you outside of the WillHowever if there is any evidence that this i not what he intended then yes it will revert to the estate.The onus is on the Estate to prove this - not you!Please ask if you need further details
Clare and other Law Specialists are ready to help you
Customer: replied 1 year ago.

Just in your opinion is it worth pursuing and if so would you recommend a specialist colleague bearing in mind he left no will?

Expert:  Clare replied 1 year ago.
Yes I do think it is worth asking for the Statements (as a joint account holder) and seeing when the money was paid in.Once you have that information let me know and we can discuss it further