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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34276
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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HOW DO YOU FIND OUT WHERE A DEATH IS REGISTERED AND WHERE

Customer Question

HOW DO YOU FIND OUT WHERE A DEATH IS REGISTERED AND WHERE PROBATE HAS BEEN APPLIED. I AM INTERESTED IN A PERSON WHO DIED IN MAY 2016 AND UNDERSTAND THAT YOUONLY HAVEE SIX MONTHS IN WHICH TO APPLY FOR A CHANGE IN THE WILL.
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 information first

On what basis do you wish to challenge the Will?

Customer: replied 1 year ago.
It is quite difficult to explain succinctly. I was my ex-husband's 2nd wife. He was divorced when I met him and he had two children from that marriage. They were very young when the parents divorced and my ex-husband had custody and his Mother-in-Law had care and controlled bought them up from a very early age. He and I had two sons, the older of which suffers from a genetic condition which has meant that he has not flourished in life. He is 47. We all lived together until my sons were11 and 14 when we divorced. My husband then started living with someone whom he never married. She had two young daughters from another liaison. If you've not lost the plot, we are up to six children, four of whom were my husband's natural children. He died in August 2008. We were not told anything until the following year, neither that he had died nor any details of the funeral. My eldest son had tried to keep din touch but his father did not like the fact that he had Klinefelter's syndrome and ceased all payment for both of them on their 17th birthdays. The older son tried token in touch with his father but was not welcome. When his partner finally told us that he had died, she said that the first two of his children had turned up at his house - she told me that she had sold her own property when they got together and her daughters shared the proceeds; she and the Father then made joint wills leaving everything to each other and then to be divided amongst the six children. Later - I think about 2002, he changed his will, she said she knew nothing about it - and cut out our two sons.The eldest son arrived from Canada where he lives and his sister came from France where she owns quite a lot of property and treated their Father's partner with contempt and claimed everything. When the will was found and read, it stated the f acts as outlined above. They had made sure that my sunshade no opportunity to contest thee will. The partner has now died and I want to contact her two daughters to see if they can at least give my eldest son a share as he is destitute and living on benefits.Think that explains
Expert:  Clare replied 1 year ago.

Just for clarity then - the partner received everything on the death of your ex - although the older children had tried to take it?

Customer: replied 1 year ago.
Customer: replied 1 year ago.
Are you still there?
Customer: replied 1 year ago.
03/07/2016 05:52
Are you still there?
Expert:  Clare replied 1 year ago.

Right

You do understand that the daughters are under no legal duty to share the money (and that there is an extra charge for phone calls)

Customer: replied 1 year ago.
Forget the phone call.I do understand that there is nothing much to be done but I feel very strongly that what the elder children did was cruel and, I would have thought illegal. My son does not have any photos, documents or anything of his father's and was denied the opportunity even to attend his funeral;.
Customer: replied 1 year ago.
One more point, it is pretty rich that the two daughters of his partner will inherit and not his own children with whom he spent more time than any of the others. The full extent of my sons' problems have only become clear more recently
Expert:  Clare replied 1 year ago.

I am sorry but the simple fact is that whilst the partner and the two older chidlren have behaved badly in so many ways they have none of them done anything illegal.

There is no basis on which you will be able to challenge the Will of the partner.

However you will be bale to obtain a copy of it, and details of the Executors, by using the Search process here

https://www.gov.uk/search-will-probate

I am sorry not to give you better news - please ask if you need further details

Customer: replied 1 year ago.
One more thing, is there nothing in the law about not letting relatives know about a death - I would've thought it was illegal.
Expert:  Clare replied 1 year ago.

Sadly no it is not illegal. Immoral certainly, illegal, no.

Clare and other Law Specialists are ready to help you
Customer: replied 1 year ago.
I don't think it was me who said something about the law being an ass?Thank you any way. I shall write to them and persist, for all the good it may do.
Expert:  Clare replied 1 year ago.

I hope all goes well (and for the most part agree with your quote)

Customer: replied 1 year ago.
Actually, were they not denying the right to his sons to contest the will?
Expert:  Clare replied 1 year ago.

They may well have been - but it is still not an offence sadly