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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71144
Experience:  Over 5 years in practice
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My father died in 1978 without making a will. His goods passed

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My father died in 1978 without making a will. His goods passed to my mother who died in 1985 leaving an eldest daughter, a son older than I,and myself the youngest son. He made no written directions regarding his war decorations which passed into my mother's keeping at the time. At her death she made no mention of them in her will although I know from a late conversation that she wanted my older brother to have them and for them to stay in my fathers name. My elder brother died without issue in 1995 and the medals then came to me at his death so that they can remain in the family name. Is my elder sister now entitled to claim the Artic Star on my fathers behalf in preference to myself?
Thank you for your question. My name is ***** ***** I will try to help with this.
The situation here is that the will is the definitive document and not what your mother may have said.
When your father died, the medals passed to your mother.
If she made no mention of them in her will they are dealt with in the same way as the balance of the estate residue.
If there are 3 children, you, your brother and your sister, then you inherit the medals (and everything else) one third each, if that's what the will says. If it doesn't mention the medals specifically, they are dealt with in the same way as the residue of the will.
So you will own 1/3rd of the medals as will your brothers estate and your sister.
If you cannot agree what happens to the medals and who has which, the only remedy is for them to be sold and the proceeds divided.
Can I clarify anything for you?
Customer: replied 3 years ago.

Dear JoC

I am not sure what happened but I actually wished to rate your service as EXCELLENT. You answered my question fully and completely.

Please accept my apologies if I have accidentally 'clicked' the wrong marking.

Alan J Spence

No problem. You should now get an opportunity to rate the service positively.
Thank you.
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