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Clare, Solicitor
Category: Law
Satisfied Customers: 34886
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Earlier this year my partners brothers ex son in law died in

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Earlier this year my partners brothers ex son in law died in tragic circumstances.
I am mentioning this as it is of relevance to the present situation. Although divorced from my partner's niece, he remained amicable with his in-laws and had a good relationship with his daughter from that marriage.

He did remarry. They had a child together which died and then had another child together. Unfortunately they were not getting on and he was living with his mother at the time of his death.

He used to visit an old chap and he was allegedly fine when he left him at 5.00 p.m. However at approximately 6.00 p.m. that same day he went back to the former matrimonial home, there he was alleged to have put petrol on his wife, there was a fire and he unfortunately died in that fire. She escaped with the children.

No one will ever know what happened that day apart from the deceased and his wife. However it was completely out of character and left a lot of unanswered questions.

The wife did not attend his funeral and there was a lot of bad feeling between her and the deceased mother.

Today I have received a telephone call informing us that the deceased mother is in a critical condition having had a heart attack. She is on life support. The granddaughter is on holiday and is due back on Friday. The family are concerned as although the deceased's mother had made a will, she had not changed this since his tragic death.

The question therefore they want answered therefore is if under her present will she has left her assets to her late son, would this automatically pass to his wife or to his children.

Time is unfortunately of the essence due to the gravity of the health of the deceased's mother at this moment in time.
Thank you for your question.
My name is ***** ***** I will do my best to help you
Unfortunately the answer is "it probably depends on the wording of the Will"
If the Will specifically says it goes to his widow then I am afraid that this is what will happen.
If not then unless the Will specifically states otherwise thes on's share will pass to his children - payable when they reach 18.
I hope that this is of assistance - please ask if you need further details
Customer: replied 3 years ago.

Hi Clare


Thanks for the reply. Unfortunately could you clarify the penultimate paragraph as it states.....'If not then unless the Will specifically states otherwise thes on's share will pass ....... Could you please clarify the words thes on's.


Many thanks







I am sorry - I am a dreadful typist - that should read "the son's share will pass"
Customer: replied 3 years ago.



Thank you for clarifying. This has been a big help in the current difficult situation.


Many thanks



You are most welcome - please ask if you need further help
Clare and other Law Specialists are ready to help you