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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2848
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My step dad died on 18th April 2016, he didn't leave a will

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hi my step dad died on 18th April 2016, he didn't leave a will and we are not his blood relatives. My mum and him were divorced, but still very close, more like companions, we were all his family and my children and my brother children called him grandad. He stayed with us for holidays, he spent a lot of time with my mum but they didn't live together. We're were the only family he had in his eyes. It turns out that he has a cousin who I knew nothing of till he was in intensive care, and because she was his only blood relative we contacted her and told her he has passed away and told her when funeral was which she did attend but her words to me were she would be there un less anything else came up, we also said to her about a solicitor contacting her as she was the only blood relative to have everything signed over to my mum which she said she would do anything to help. Which is what we did we had a solicitor contact her and she would let us be her attorneys until she knew how much Paul basically had. I have received a letter today saying my solicitor is withdrawing as there is conflict, because now she is dealing with it herself, as there is more than what she originally thought. Paul my step had had nothing to do with his cousin, and after knowing what he felt about her I now know why. I know he would not want her to have what he has left no matter of the value weather it be a 1p, £1 or £1000, my mum and Paul did discuss him doing a will as he wasn't well but he thought he was going to be diagnosed and have treatment, and his words to my mum were, I don't need a will I aren't going anywhere. Now I need to fight what should rightfully be my mums, is there anyone that is able to help on a no win no fee.
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Could you please confirm if any of the following is true:

  • Is there a living husband, wife or civil partner?
  • Are there any living children, grandchildren or other direct descendants (eg great-grandchildren)
  • Are there any living parents?
  • Did the deceased have any brothers or sisters?
  • Did the deceased have any half-brothers or half-sisters?
  • Are there any living grandparents?
  • Did the deceased have any aunts or uncles?
  • Did the deceased have any half-aunts or half-uncles?
Customer: replied 1 year ago.
No none of those he only had the cousin I mentioned in the first message I sent. He had us we were his family but we were not blood relatives and my mum and him were divorced but they had more of a companionship.We were the only family and people he had in his life.
Customer: replied 1 year ago.
My children were his grandchildren and my brothers children,but not blood relatives.
Expert:  Harris replied 1 year ago.

Did your mum and your stepdad have a financial settlement as part of their divorce, if so do you know the terms of the settlement?

Customer: replied 1 year ago.
There were no financial disputes as it wasn't that kind of divorce they were still close companions my mum had some mental health issues and they only filed for divorce because of my mums illness. There was no money involved. He had my mum down as next of kin when he was at hospital and where he worked, she thinks she was down as next of kin for his work pension.
Expert:  Harris replied 1 year ago.

Thanks for confirming. As they are divorced, your mother has no automatic right under intestacy law to inherit from his estate. However, if there was no financial clean break then she would be entitled to pursue a court application to court to contest the intestacy and seek to apply for a share of his estate. Given the likely complexity of this issue I would suggest that she seek local solicitors who specialise in wills and probate (she can find them here: http://solicitors.lawsociety.org.uk/).

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.

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