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Ask Jeremy Aldermartin Your Own Question
Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 2335
Experience:  Dual qualified Solicitor and Attorney
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My ex husband passed away on 31/10/2019, he did 23 years in

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Hi my ex husband passed away on 31/10/2019, he did 23 years in the army and left in July, the army sent him his Will on 23rd August and his girlfriend is co-operating with his mum as his mum is his next of kin, the army have advised me since we have two kids under 18 and I’m the legal guardian of the kids then I have legal right, is this correct and can you advise me on what to do??
Assistant: Since estate law varies from place to place, can you tell me where this is?
Customer: Uk
Assistant: Have you talked to anyone in the chain of command about this?
Customer: As in the army??
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: No
Customer: replied 12 days ago.
Sorry his girlfriend is not co-operating and is keeping all of his personal items and all documents. She also transferred keeper of car to her own name and also emptied his bank account, after he passed away can she legally do this?

Hi thank you fro your message, so he had a valid will?

Customer: replied 12 days ago.
Yes he wrote his Will when he was still in the army and when he left the army in July the Will was sent out to his residing address on 23rd August 2019.

Hi thank you for your message, so in terms of the will, his girlfriend would need to administer the estate in probate if the estate is worth more than £5,000 at which point the will becomes a matter of public record. If you feel she is taking money out of the estate incorrectly you can report her to the police for probate fraud. In terms of the entitlement the Army indicated you might need to inquire with them what they meant by that for example were the children nominated on your ex husbands Army pension. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

Customer: replied 12 days ago.
Thank you for your reply, I will be contacting the police tomorrow, with regards to the Army, is a Will made in the army different to a Will made of civi street ??

Hi thank you for your message, generally the answer should be no. There is one exception, it is possible for someone in the military to make a will without meeting the usual formalities for a will when they are facing mortal danger and could possibly die imminently. That said, this remains valid only whilst the person remains in immediate danger. Short of that, assuming the will was made in normal circumstances then there should be no difference. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

Customer: replied 12 days ago.
Thank you for you swift reply, he wasn’t in any danger when the Will was made, so by law there should be a copy of the Will held somewhere ??

Hi thank you for your message, yes precisely. If no copy of the will can be found then he died intestate (ie without a valid will) and if that is the case, provided he had not remarried then his children would inherit his entire estate. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

Customer: replied 12 days ago.
Thank you this is a massive help, we had two children when we was married and he had one child with the girlfriend and they were not married or engaged before he passed, does this mean his estate is spilt equally between the three children?

Hi thank you for your message, yes if he does not have a valid will than can be found. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

Customer: replied 12 days ago.
Thank you for all your advice

Glad I could help, I would appreciate if you could please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

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