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Buachaill, Barrister
Category: Law
Satisfied Customers: 10983
Experience:  Barrister 17 years experience
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My daughters father has recently died leaving his entire estate

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My daughter's father has recently died leaving his entire estate to a dogs' home. A will was drafted and left with the solicitor dealing with his estate 3 years ago.
The police that contacted my daughter informing her of his death mentioned another will that was found with him effectively stating the same as the one at the solicitors.
I'm concerned that they may have been another one. The deceased had asked our daughter to go from our home in Brighton to where he lived in Carlisle to look after him.
Does my daughter have grounds to contest his will?

Buachaill :

1. Your daughter can take a case under the 1975 Inheritance (Right of Family & Dependents) Act seeking a share in the estate of her father. She needs to act promptly in regard to this application as it must be brought within six months of the date of death of the deceased. In it she will be able to make a claim for any dependency and any care times she spent with him. I would advise her to get herself a solicitor to challenge the will on this basis and get the court to provide for a fairer distribution of assets. I would not advise your daughter to await the production of another will. She can look for one but she should safeguard her position in the meantime.

Buachaill :

2. Leaving everything to dogs' home was an abdication of the duties her father owed to her. So she should certainly challenge the will by taking an application to get a share or all of the estate.

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