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Buachaill, Barrister
Category: Law
Satisfied Customers: 10973
Experience:  Barrister 17 years experience
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MY FATHER PAST AWAY 2 YEARS AGO HIS WILL WAS WRITTEN 23 YEARS AGO HIS WILL STATED THAT MY MOTHER + HIS SOLICITOR AT THE TIME WERE EXCUTORS AND TRUSTEES FOR THEM TO SHARE HIS ESTATE BETWEEN MY 5 BROTHERS my name was not on the will my Mother said that Dad hadn't put it in his will but had verbally stated that l could have all his shares she didn't know how much but would know after probate was grated. I WORKed @HOME ON THE FARM TILL I GOT MARRIED @21YEAR WITH NO WAGE my father was a farmer and my 5 brother farmed with him till his death he was 85years old when he pasted away. l found out from my father soliciter 2 weeks ago that probate had been granted on the 20th Feb 2015 and that l was only having a % of the share my brothers were having the rest between them l felt very hurt my this only getting a chicken feed amount ALSO THEY DID A DEED OF VARIATION l ASKED MY MOTHER WHO IS A CONTROLLER WHY l WAS NOT TOLD ABOUT THE PROBATE BEFORE. SHE HAS TURNED AGAINST ME AND MY DAUGHTERS AS WE HAVE TRIED TO TALK TO HER I HAVE ARRANGED A GET TOGETHER WITH MY MOTHER AND BROTHERS DADS SOLICTOR SAID HE WOULD COME A LONG and not charge MEDIATOR IF l WOULD LIKE HIM TOO BUT MUM REFUSES it she say it nothing to do with him l have always honoured my family to have been walked over LIKE THIS HAS SHOCK ME what rights have l got to contest the will my brothers will each end up with a 350 area dairy farm
1. Dear *****, can you explain what happened when you reached 21 and got married. Where did you live then? Did you still work on the farm? Did your husband work for your father or what did he work at? Did your father promise you any land and get you to work for him for free on that basis?
2. Dear *****, were there any other members of the family apart from your five brothers? Were you in any way financially dependent on your father before he died? What family do you have now? What age are you and your daughters?
Customer: replied 2 years ago.
l AM 63 my daughters 40, 37, 34 dad didn't promise me any land but when my husband past away 25 years ago and every thing was sorted out Dad said your be alright get a job and there will be something left at the end of my days for you.
3. Dear *****, you can apply under the 1975 Inheritance (Rights of Dependents) Act for a greater share of the estate. This claim ought to be made within six months of the date of taking out probate ie by 20th August 2015, but here, where there was concealment, you ought to be able to get the time limit extended upon an application to the court. Be aware that what you are currently getting will be taken into account by the Court when it determines what share you should get. There is no automatic entitlement to an even share. So, be careful that you don't overplay your hand when you enter into mediation. However, I would advise you to see a separate solicitor from the family solicitor and get legal proceedings issued immediately in order to stop the time limit from running against you.
4. Be aware that legal proceedings are expensive and there is no guarantee that your legal proceedings will be paid out of the estate. So engage in mediation if this is possible. I appreciate your mother has set her face against this course of action. However, your five brothers might be more amenable to this course of action. Ultimately, the best solution would be a family solution.
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