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Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 5894
Experience:  Dual qualified Solicitor and Attorney
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My son passed away 2nd October without leaving a will He was

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My son passed away 2nd October without leaving a will
He was not married nor living with his children's mother for over 4 years. The children are aged 8 & 4
What happens to his assets that are left.
I know the children are his next of kin and any monies go into a trust fund for then until they are 18
His ex-partner is now saying she needs this money to bring the children up. Can she have access to draw on the fund?

Hello there. I'm Jak and I can help you with this. I'm very sorry to hear about the passing of your son. Your son has passed away 'intestate' would you like me to explain how this works? In terms of the trust, his ex-partner cannot access those funds for that purpose. May I ask who the trustees are? (not personal details of course).

Customer: replied 7 months ago.
Hi Jak, I know it is intestate and we have to apply for probate. My son was taken ill 25th Jun and because of his condition at that time we applied for court of protection to sort his finances. But he passed away before that was finalised.Hi ex partner did not want to be involved in dealing with that so we assumed that we could apply for probate on behalf of his children. He left a piece of paper stating us to be his executors and any monies left to his children in trust. I know it is not a legal document but would just like to abide to his wishes. We have had an email from the probate office now telling us that his ex partner has to be the applicant with co-administers of her choice. I just feel there should be someone my son's side to protect his wishes if possible. So I am not sure how are stand when all debts and profits are sorted and if the court decides the money goes into a trust for the children until a certain age or if they will let her use the money to continue to bring he children up. As she no longer gets monthly maintenance from my son - she would not have Any monies had he come home disabled. As that was what it was looking like at the beginning. All funds would have been for his care. We know the children have to be looked after and we want a say how the trust is administered if possible, it to throw any spanners but to make sure funds are not wasted. So for going on , I would just like some clarity on how we as his parents stand
Many thanks. Linda

Hi Linda, thank you for your patience. I have carefully read the information you kindly provided. I think based on these facts that, unfortunately, the probate office are probably right. However, I do want to establish whether a valid 'donatio mortis causa' was made by your son before his death, could you either show me a copy of the piece of paper or describe what is set out on the piece of paper so I can advise you whether or not it constitutes fully or in part a DMC or otherwise, I'll then explain what that means for you.

In addition, could you confirm that the trust we're dealing with was created before this document, in the proper way, with legal advice?

Customer: replied 7 months ago.
Hi Jak please find attached the paper he gave us, stating his wishes. All of his family and friends knew his wishes.
He went off on a retreat and was planning to sell his home and move back home with us so he did not have so much stress and not work so hard.
Unfortunately he had a cardiac arrest in June 2019 and had hypoxic brain damage and further complications leading to his death 2nd October.
The trust is not set up. I am wondering if the court stipulate who and how this is administered and whether we can be involved in this. Our worry is his ex partner now has a new person and we will not be able to see how our son's hard earned monies is distributed.
We were hoping the courts state any funds have to be put into a trust until they children are 18.
Can you please verify this and if we need to do anything to do.
Regards, Linda

Hi Linda, I'm very sorry, I've been ill today and haven't been available. So that you get a proper response in a timely fashion, I shall open this up for another lawyer to jump in. As I am now catching up with work. I do apologise for the delay. I am sure one of my colleagues we jump in and help you ASAP. Wishing you all the best for the future, JB.

Customer: replied 7 months ago.
Thank you I hope you are feeling better and look forward to someone coming back to me.

Hi thank you for your message firstly, my condolences at your loss. In terms of inheritance under the intestacy provisions the children will inherit everything as your son wished and importantly because they are under 18 a trust will be created for them until they are 18. 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.

Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 5894
Experience: Dual qualified Solicitor and Attorney
Jeremy Aldermartin and 4 other Law Specialists are ready to help you
Customer: replied 7 months ago.
Thank you Jeremy for your answer. It had help a lot. Both his Dad, myself and his brothers were just concerned that his ex-partner can have access to the funds and use them as she pleases.
Customer: replied 7 months ago.
How can i rate Jak Now tell please. As he has answer alot of my queries too?

Hi thank you for your message, unfortunately you cannot rate Jak separately as he opted out so as to not be rated and allow me to assist you.

Customer: replied 7 months ago.
Ok thank you both for a great service. Linda

Glad we could help, take care.