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Kasare, Solicitor
Category: Law
Satisfied Customers: 1301
Experience:  Solicitor, 10 yrs plus experience in civil litigation, employment and family law
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My dear father has died. His wife, a second marriage, has always

Customer Question

My dear father has died. His wife, a second marriage, has always been unkind to us the children. She refuses to talk to us all of a sudden and says there is no will, although he told several people that he had made a will. We believe she is hiding it. My Father is from India, but had land in Pakistan. She has broken Islamic and the laws of Pakistan by telling the property management who look after his land, that he has no heirs and has had it signed over to her name. Although this does not affect the laws in this country, it is an example of her nature and greed. She has also told us that when she dies she will pass on everything of my father's to her very rich nieces and nephews, whilst my fathers daughters, myself and my sister struggle and have health problems. I am also bringing up two children alone. She seems full of hate and has money to pay for solicitors whereas we are quite hard up. I have been given different advice, but understanding is that the English Law states that the children are irrelevant if no will can be found and she is entitled to keep everything and also pass on my father's money to whom ever she chooses regardless of our bloodline or our financial situation. My Father and I had a relationship and he loved his grandchildren, my twin daughters. Along with the fact that he has told his close friends, and myself that there is a will, we do not believe he would have abandoned his children, grandchildren in this manner. He was a very 'correct' person and would have considered us all. I have no idea how to tackle the question of her deceit. Please can you advise me in any helpful way. I am already aware of interstate law etc; my specific confusion is about how to make this person comply and whether I have any recourse with this; costs for actions, and whether there is legal aid available for this kind of problem [which I am doubting].
Thank you Fyzah
Submitted: 5 years ago.
Category: Law
Expert:  Kasare replied 5 years ago.
Hi thanks for your question I will assist you with this.

Do you believe your father left a will in UK? If so, would you know anyone who may have witnessed this? Would he have used a local solicitor

You can try searching for a will using these sources or a search of the probate registry to see if he registered a will - although this is not a requirement.

If no will is found as you know his estate will pass underthe intestacy rules. If the estate is worth more than £250000 then his wife will be entitled to £250,000 and a life interest in half the remaining which is then reserved for his children I.e. you and your sisters and you, as his children, will be entitled to the remaining half immediately.

You could try to make an application under the Administration of Estates Act 1925 but you really would be better served using a solicitor and you are correct there is no legal aid for this.

I hope this assists. If you have further questions please ask.