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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34233
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Thank you excellent response last year

Resolved Question:

Dear Sir,Thank you for the excellent response last year regarding the subject below.HSBC were sole executors of a will we were named as beneficiaries in. Myself, and my 2 sisters were named as beneficiaries of her house,***** under a life interest clause for Mrs. M. Lomas and Ms E. Lomas. HSBC decided to relinquish their executor-ship back in 2008 and hand sole administration to Ms. E. Lomas. Despite requests from ourselves and our solicitor Ms. E. Lomas never executed the will. Ms Susan Lomas' estate, therefore, remains without anything have been done.Mrs M. Lomas died back in 2008, and Ms. E Lomas passed away late last year. There is no remaining family, and we are now the only living beneficiaries in the will. My sister, Catherine, being named twice, firstly without caveat.We have no information as to what happens next, no-one has contacted us, nor do we know who is the trustee of the will.I attach a copy of the will. Would it be possible for us now to apply to be executor, or could we ask HSBC to return to their role? Or indeed any other advice?Thank you in advance for your help.Kind Regards,John McGrath
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 firstWhat is your relationship to the deceased?
Customer: replied 1 year ago.
She was my sister's godmother, and family friend, but not a blood relation
Expert:  Clare replied 1 year ago.
Did Elizabeth Lomas leave any blood relatives - or a Will?
Customer: replied 1 year ago.
No blood relatives. I'm unsure if she left a will, and I'm not sure how to find that out
Expert:  Clare replied 1 year ago.
When did she die?
Customer: replied 1 year ago.
Early december 2015, sorry, I don't know specific date
Expert:  Clare replied 1 year ago.
Do you know if she owned a house?
Customer: replied 1 year ago.
As far as I understand, and this is partly through word of mouth so we are not entirely sure, but are happy to assume this for now. She and her partner (they are not married, I think) own a house jointly. I don't think she had any other assets, and I would be surprised if she had a will. Unfortunately, her partner is unwilling to communicate with us.
Expert:  Clare replied 1 year ago.
That is a shameDid you have an address for her?
Customer: replied 1 year ago.
Yes, it makes it difficult, but also makes us worry why he is being so evasive.
West gate, west end, Elton, Matlock, Derbyshire, DE4 2BZ
Expert:  Clare replied 1 year ago.
The basic position is that if she did leave a Will then the Executor of that Will will need to apply for Letters of Administration with Will attached in respect of this Will.However if she did NOT leave a Will then you and/or your sister can make the applictaion as the beneficiaries of the remaining asset in the Estate.One relatively easy way to find put if there MIGHT be a Will is to find out how the property was ownedYou can download the Land Registry entries for the Matlock property from the Land Registry website for £3https://www.gov.uk/search-property-information-land-registryYou are looking in Part B for the wordsRESTRICTION: No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the Registrar or the court.If they ARE there then either Probate of a Will or letters of Administration for an Intestacy will have to be granted to deal with the house.If they are not there then I would wait until June this year, check with the Probate Registry that no Will has been submittedhttps://www.gov.uk/search-will-probateAnd if not then go ahead with your applicationI hope that this is of assistance - please ask if you need further detailsClare
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