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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34263
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My partner of 22 years, cohabiting 16 years in s house,

Customer Question

My partner of 22 years, cohabiting 16 years in his house, passed away 1 year ago. His last will left me only 1/4 of what was left to his son. He intended it to be more but had 3 brain tumours and did not read the final will correctly.
In October last year I asked his son if he would be able to give me a very small additional sum and he said yes. At the end of November when I received my monies I asked the son if he would be able to give me the extra amount and he said he wanted to wait until the 6 months had passed on the sale of the house to allow for any contention.
Some 5 weeks ago I spoke to the son and said did he have the money for the house and he said yes. I said I would send my bank details and asked him to confirm when done.
I then received an extremely lengthy email which said that although he said "Yes" he thought I had a cheek asking and had now decided he wasn't going to give me the money.
He actually failed to declare an additional bank a/c on my partners death which contained £70k + thereby saving a considerable amount in tax.
Can I now sue him for not giving me the £20k I asked for. He would have received c £400k
Alternatively can I claim as Common law wife?
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further informtaion first

When was Probate granted?

How much did you receive and how did you rehouse yourself?

Customer: replied 1 year ago.
Hi ClareThanks so much, this is making me ill!Probate was granted, I believe, October/November last year because the house was sold completing end November.I already owned a flat which I had rented out and this is why John's son was to receive the house.John wrote a will in November 2013 and wrote me a letter telling me he left me £50k plus 50% of all monies in banks/building societies.In November 2014 he annotated that letter and signed it telling me he was going to the solicitor to double the main amount to £100k.The new will was written for that amount but did not include the 50/50 split of other monies. He had 3 brain tumours which were diagnosed 4 March 2015. But he told me even when he was in hospital that I was receiving 50% of cash in bank.The gross estate was c £700k and I received £100k nett.
Customer: replied 1 year ago.
I did show his son the letter which obviously I still have
Customer: replied 1 year ago.
are you still there?
Customer: replied 1 year ago.
Can you please tell me what's happening now as I'm sitting in my office waiting for something!
Customer: replied 1 year ago.
Need to know whats happening as been sitting here for 20 minutes waiting!Tell me something now even if its just a polite "we're working on it"I dont expect to pay for sitting in my office on a Saturday night like this
Customer: replied 1 year ago.
Going to rate this a NO stars if somebody doesnt call or reply to this!
Expert:  Clare replied 1 year ago.

I am sorry - I have to work through my question list in order and each time you add a comment it drops to the bottom of the list.

The problem you have is that there is no requirement on the son to give you any extra funds - and it is technically too late to file an Inheritance Act Claim

Expert:  Clare replied 1 year ago.

Having said that (which I sent to ensure you heard something) you can apply to the court for permission to make a claim out of time and there is a good chance that the Court will agree as the delay by the son was exactly equal to the time limit involved which is to say the least suspicious.

Customer: replied 1 year ago.
What about the breaking of his verbal agreement to me?
Expert:  Clare replied 1 year ago.

In addition it may well be that you have a separate claim against the solicitor who prepared the Will - and you should write and ask for a copy of the file quoting the case of Larke -v Negus.

If they have not drafted the Will correctly and as a result you have lost out then they are liable to compensate you for the balance.

The Oral agreement is not enforceable BUT the fact that he made it - said you had to wait six months and then reneged on the deal is something that would help you when you ask the court for permission to file out of time

HOWEVER you will need to act promptly now!

Please ask if you need further details

Clare and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Good Morning ClareSorry for not thanking you last night but was very tired.How do I get an extension from a court to contest?Assuming it is granted what rights do I have as Common-law-wife, if any?Thanks so muchCarole
Customer: replied 1 year ago.
Would like the online conversation please
Expert:  Clare replied 1 year ago.

How much was the Estate worth in total?