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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).
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?
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.
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.
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.
Glad we could help, take care.