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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34885
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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can a sister contest next of kin if the youngest has been named

Customer Question

can a sister contest next of kin if the youngest has been named by the decised and all arragements have been made
Submitted: 4 years ago.
Category: Family Law
Expert:  Clare replied 4 years ago.
Thank you for your question.
My name is Clare and I will do my best to help you but I need some further information first.
Do you mean that the younger sibling has been appointed as Executor of the Will?
Customer: replied 4 years ago.

no will has been made it was only verbal between mother and daughter the other sisters are older because there is a piece of jewerly involved the eldest wants it for herself and the youngest would like it to stay with her mum there is now conflict between eldest sister and youngest the eldest now wants to contest next of kin after all arrangements have been made with the funerl that goes ahead on the 29 of this mth

Expert:  Clare replied 4 years ago.
What other assets are there?
What changes to the arrangements does the other sibling wish to make?
Customer: replied 4 years ago.

no changes to arrangements but is addament that she is legaley entitled to piece of jewlery she states that her father said before he passed 18 years ago that when her mother passed it would be hers until now nothing has been said about said piece therefore she wants to take over so that she can then say its hers

Expert:  Clare replied 4 years ago.
All the chidlren have equal right to organise the funeral - and to deal with the estate BUT all the assets have to be divided equally between them
In fact if the children of the deceased cannot agree on what shoudl happen to this piece of jewelry then I am afraid that the only legal course of action is for the item to be sold and the proceeds divided equally between them - even if that is only a few pound seach.
The alleged promise from the father has no legal meaning
I hope that this is of assistance