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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 35059
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My daughter's father died last week from cancer. He didn't

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My daughter's father died last week from cancer. He didn't leave a will, but apparently he had said he wanted our daughter (we are divorced, but she is our only daughter) to have a small sum, but the rest to go to his girlfriend, who didn't live with him, but did care for him in his last few weeks. They (the girlfriend and father) had a joint bank account so she could get things for him when he was to weak.
My daughter is distraught and is not thinking of herself only her daddy and his wishes . The girlfriend has said they don't need to bother with a solicitor, my daughter can just give her the money. Surely this isn't correct. I have checked as much as I can and as he died without a will, his (our) daughter should be his heir. Can she really just give this lady her rightful inheritance? would she not be going against the law in doing this?
I am so very worried about my daughter and feel the girlfriend is taking advantage of her.
The girlfriend didn't live with him, nor was she financially dependent on him. There is no property, just money in the bank, possibly 80k
Clare

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first.

How much is in the joint account?

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Customer: replied 1 year ago.
Sorry but I don't know, it was in his name and her name. I presume it was a current bank account that his salary got paid into

But not all of the £80,000?

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Customer: replied 1 year ago.
No, my daughter said that he has accounts in just his name

How old is your daughter?

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Customer: replied 1 year ago.
She is 28, lives with her partner and has no children yet.The Girlfriend is about 48, has three children from previous relationships, has a house and holiday home
Customer: replied 1 year ago.
I am going to have to go off line for an hour

My apologies.

In fact your daughter will need to apply for Letters of Administration in order to access any of the money.

Legally if she wishes to give the girlfriend money then of course she can do so - but there is no need to do so as the girlfriend has no legal claim on the estate as they were not living together.

You may also wish to point out that if her father had wanted to give his ex any part of his money then he could have written a Will - but he chose not to knowing that everything would go to his only child.

I hope that this is of assistance - please ask if you need further details

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