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Joshua, Lawyer
Category: Law
Satisfied Customers: 26070
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My mother-in-law died 10th Oct 2013, the Excecutor has just

Customer Question

My mother-in-law died 10th Oct 2013, the Excecutor has just told her son by email... His Mother did not make you a beneficiary under her Will but instead
stated in same ""I direct that no assets of mine be given to my son Martin
due to his drug habit"

This is untrue, and harmful to him. As he is my full time carer, and administers my medication including hospital prescribed control drugs including morphine. He attends opiate clinic with me. Is an active member of neighbourhood watch. Assists our elderly neighbours.

His mother abandoned him at aged 4, in 1972 tormented him and his family for years. Obtained a divorce in 1981, My husband was raised by various family members after she gained sole custody, but left the country without him..then actively blocked his adoption by her sister.....his father died aged 60 of Aneurysm in 2008.

His mother and my husband were in contact regularly since the beginning of this year, she contacted him....wanting to be absolved of her past. It was requested he call, while unconscious to allow her to pass away.

She died on his birthday!

She died in Southern Ireland, and over last four years seems to have hidden her investments in Kinsale Coastal Cottages. She may have claimed benefits she was not entitled to.
Submitted: 4 years ago.
Category: Law
Expert:  Joshua replied 4 years ago.

Joshua :

Thanks for your question. Please kindly RATE my answer when you are satisfied

Joshua :

Could you confirm that your mother in law was domiciled in E&W as I note you mention she passed away in ROI please?

Joshua :

Did she have other children? Do you know who the beneficiaries of her estate are?

JACUSTOMER-fko067hc- : No other children, she was resident in UK, paid her pension and stamp for UK....but lived in Ireland. Other named next of kin is my husband Cousin ... Cherrie Williamson McRae - His mothers niece. They shared a birthday. March 16th.
JACUSTOMER-fko067hc- : She previously worked for solicitors in UK up until 1990's shared directorship of companies.
Joshua :

Thanks. Did she live permanently in ROI or was she just visiting? Did she have any assets in ROI?

JACUSTOMER-fko067hc- : She told my husband, myself and her two granddaughters in 2007, we would never have to worry, she would take care of them all. We went to visit her for her birthday., and Easter break. Her alcoholic friend berated us, starting at 3am while staying in a holiday cottage as he feared he would be cut from her will.
JACUSTOMER-fko067hc- : Yes, we believe her to be an active member of a company Kinsale Coastal Cottages in Cork ... 16 x 4 bedroom properties in garreststown. Her address is registered as the business address, the website declares her as owner.
JACUSTOMER-fko067hc- : She lived in Southern Ireland - Silverdale, Ballykisane, Killorglin, Ireland.
JACUSTOMER-fko067hc- : Her address
Joshua :

Thanks. Based on what you say your husband (her son) would appear under English law to have a potentially strong claim to a share of her estate. One slight issue is that from what you say much of her estate may be located in Ireland though and English law does not apply directly in Ireland particularly in relation to any property she owns there and whilst I can assist in relation to any assets she has in the UK you may wish to ask the opinion of an Irish lawyer in relation to your husbands position in Ireland - this site does have an ROI section too. Would you like me to continue in relation to the UK estate?

Joshua :

Was the will you refer to made in the UK or ROI?

JACUSTOMER-fko067hc- : Her wishes were to be cremated, returned to Scotland Perth....still trying to clarifiy the origin of the will, as there were rumors, muttering a by her that it may have been drafted by associates in UK
JACUSTOMER-fko067hc- : Then amended in ROI.
Joshua :

You are not sure?

JACUSTOMER-fko067hc- : Sent question to executor in Ireland today...still no response
JACUSTOMER-fko067hc- : what does 'same' mean in Will speak.... See email message ... Your late Mother did not make you a beneficiary under her Will but insteadstated in same ""I direct that no assets of mine be given to my son Martindue to his drug habit"I do not know the history behind this but you may understand same. I canonly follow the instructions in the Will.Your mother has been cremated and her ashes will be sent to Scotland in duecourse and I will notify you when this is done. They will be sent to CherrieWilliamson McRae as per the instructions in the Will, so you should makecontact with her in relation to any service or burial plans in Scotland.If Cherrie wishes to read the Will for you then that is up to her.As far as I can ascertain, a new home is being sought for the dog by BillyBrowne who can be contacted at 353 86 846 2542. I understand that yourMother asked him to deal with this matter.
Joshua :

Let me know how you would like to proceed.

JACUSTOMER-fko067hc- : My mother in laws home was looted, ATM cards are being used to drain her accounts by unknown persons.
JACUSTOMER-fko067hc- : Her death has still not been registered, and banks not willing to block accounts. Her body was paraded around streets without consent of family. And her ashes are now in uk. But according to benefits office she's still a recipient of benefits.?
JACUSTOMER-fko067hc- : Retained solicitor in ROI, please refund £47 as not truly satisfied with outcome here.