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Ask Clare Your Own Question

Clare, Solicitor
Category: Law
Satisfied Customers: 33004
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I am inquiring lady friend of mine who is at her wits

Customer Question

I am inquiring for a lady friend of mine who is at her wits end.
When her husband of some 30 years died recently from cancer she found that in his will he had left the matrimonial home to a third party. I believe that my friend cannot legally or morally be evicted which is what she is facing now. On my advice she took legal advice from a firm of solicitors - bad move! ,She received no help at all and was sent an enormous bill
I wrote a letter to her solicitors complaining about their performancebut I was not graced with a reply. The solicitor did, however, but complained to my friend about my intervention and sent her a bill for this reply,
Yours truly.
John Sherborne.
Submitted: 12 months ago.
Category: Law
Expert:  Jenny replied 12 months ago.
Hello my name is ***** ***** I am happy to help you today. What would you like to know about this situation?
Expert:  Ben Jones replied 12 months ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Were there any other documents that highlighted the price quoted, such as an advert, other correspondence, etc?
Customer: replied 12 months ago.

My question has not yet been answered. Is it legal for a firm of solicitors to ratify a will with such mischievous content particularly when the husband was dieing from cancer and the balance of whose mind must be questioable?

Expert:  Ben Jones replied 12 months ago.
Sorry ignore my post above, posted to the wrong question in error, you can continue with my colleague, thanks
Expert:  Clare replied 12 months ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstis your concern about the Bill - or dealing with the Will?
Customer: replied 12 months ago.

Hi Clare .

Iam sorry but I had to leave my computer to receive some medical attention and it is now, Wednesday,28th Oct,

Iam still waiting for an answer to the question, "Cab a will leave a house to a third party in a will when he does not have full title to it?"

In my friend's case she had been married to her husband for over 30 years and had shared this matrimonial home all that time. During this shared time in the house she had looked after the home,

Also, when the will was made the husband was suffering from terminal cancer and was looked after by my friend ubtil he finall succumbed to the disease which brings into question whether he could be considered to be'of sound body and mind,' which I believe is a legal requirement for the completion of any last will and tesament!'

John Sherborne

Expert:  Clare replied 12 months ago.
If your question is can your friend challenge this Will then the answer is a simple yes.
It seems possible that her husband did not have Mental Capacity to make a new Will.
In addition the fact that this was her Matrimonial Home means that if she made an applictaion to the Court for Provision then the house would be awarded to her
I hope that this is of assistance - please ask if you need further details

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