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: 33810
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 Wife was represented by a COP appointed Deputy it a Divorce

Resolved Question:

My Wife was represented by a COP appointed Deputy it a Divorce settlement case brought by her previous husband. Two Court Orders were issued against him to my Wife's benefit and he was formally warned that failure to meet the Orders would be contempt of Court.
He has totally ignored the Orders and, in the meantime, my wife has sadly died (along with the deputyship)
I can do NOTHING about this as (although her legal Executive with grant of probate) I (and the previous Deputy) are npt 'Parties to the Matter' (as ruled by the Court....!
Is there ANYTHING that can be done to rectify this absolute legal nonsense, please?
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 orders were made?
Customer: replied 1 year ago.
1. That my Wife sign over her share of the joint property to the ex-husband
2.. That he paid her £ 30,000 by the 15th December and, if he failed to do so, that the joint property was put up for sale (with directions given re the conduct of the sale) in order to pay the £ 30,000
3. That he issued appropriate instructions to the Bank to close two joint Accounts and for the Bank to pay the proceeds to my WifeAs I mentioned, the Order also lays out that failure to meet the Order would be contempt of Court which may be punishable by imprisonment(When I have contacted the Court to advise the situation I have declared that I am my Wife's Executor and hold a grant of probate and next of kin)
Expert:  Clare replied 1 year ago.
RightHow much is in the accounts that should have been paid yo your wife?
Customer: replied 1 year ago.
Between £ 4,000 and £ 5,000 in total
Expert:  Clare replied 1 year ago.
So he owes the Estate £34,000?
Customer: replied 1 year ago.
In effect, Yes - but the Order actually says 'pay the Respondent' (my Wife being alive at that time)
Expert:  Clare replied 1 year ago.
Yes but the money is now payable to the Estate.Have you obtained the Grant of Probate
Customer: replied 1 year ago.
Yes, as I advised above (and advised the Court)
Expert:  Clare replied 1 year ago.
My apologies - you had indeed done soWhat assets does this man have?
Customer: replied 1 year ago.
Principally the house jointly owned with my Wife (see notes 19/03/2016 11:46) - would not expect much else
Expert:  Clare replied 1 year ago.
How much is the house worth - and does he work?
Customer: replied 1 year ago.
£ 250 - 300K - I believe he is 'self employed'
Expert:  Clare replied 1 year ago.
OK so he has assets and there is a clear Order stating that he owes your late wife money.What has the Court actually said to you about moving the matter forward?
Customer: replied 1 year ago.
They have repeatedly stated that they (I believe on the direction of the Judge) cannot communicate with me as I am not a named party (of which there is now just one - the husband)
Customer: replied 1 year ago.
Same answer when I asked them what needs therefore to be done.......................
Expert:  Clare replied 1 year ago.
Right that is fine - they are being honest - they are not allowed to advise you on what to do next.However the debt is still enforceable and the Court will deal with you - once you have been joined into the proceedings.What you need to do is make an applictaion to the court in your role as Executor to be joined into the proceedings so that you can continue the caseThis will be granted - but until it is there is nothing further the Court can do.I hope that this is of assistance please ask if you need further detailsCalre
Customer: replied 1 year ago.
Good, thank youCan you tell me which N form I need to use use to make application, please?MP
Expert:  Clare replied 1 year ago.
The form you need is herehttp://www.justice.gov.uk/downloads/forms/fjr/D11_web_0414.pdf
Clare, Solicitor
Category: Law
Satisfied Customers: 33810
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Excellent - than youRegards ***** ***** P
Expert:  Clare replied 1 year ago.
You are most welcome I hope all goes well

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
 
 
 

Related Law Questions