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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 16413
Experience:  I have been practising for 30 years.
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I have not lost my mother and her partner of 28 years has

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Hello. I have not long lost my mother and her partner of 28 years has lied about everything and is now saying he is keeping everything my mum has worked for and spending it on himself. My mother would be devastated at this and was wondering what I can do. They r not married but apparently have mirrored wills but he won't tell us anything.
JA: What steps have you taken? Have you filed any papers in family court?
Customer: Nothing at all as I don't know what the will is and he hasn't been honest about what he was doing.
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: I live in the UK and I don't know anything else other than what mum mum told us all she wanted and its not what he is ppanning
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I don't know what else is relevant other than what little iv said. I don't have a clue how to find out what the will says and if he is legally allowed to screw my mothers wishes over
Customer: replied 1 month ago.
I don't know my mobile number as its new, lost the page I was waiting on for a reply when I tried to look for it.
Customer: replied 1 month ago.
Hello!?
Customer: replied 1 month ago.
Hello. I have not long lost my mother and her partner of 28 years has lied about everything and is now saying he is keeping everything my mum has worked for and spending it on himself. My mother would be devastated at this and was wondering what I can do. They r not married but apparently have mirrored wills but he won't tell us anything. Also how can we find out what the will really says?

Good afternoon. I will assist with your question - be aware this is an email not chat service.

are you her only child?

when did she pass away?

did she tell you what she was leaving for you?

who is executor(s)?

Customer: replied 1 month ago.
Ok,I read itl be about 10 Mon, thank you for your reply.
28th last month.
There are 5 children.
I am 35.
Her partner is apparently the executer and is doing what our mother didn't want.
Our mother told my sister's she had changed the will and been saving for the kids and grandkids.
Our mother told me the house was between both families but the rest was for her family.
Her unmarried partner of 28 years has lied about the money and our mum's wishes and told us he is keeping and spending the money.

Even beneficiaries have no absolute right to see a will but in circumstances like this, my advice to solicitors and executors is to spell the details because all being secretive does is raise suspicion that there is something untoward.

You can always make an application to court for Pre-Action Disclosure of the will and the court will order him to release it if you have reason to need a copy and you do by virtue of the fact that UR your mother’s child.

What is in the Wills is central to the whole issue.

If you have been written out, there are things that you can do.

Wills and estate admin can be contested on various grounds

1
If a person doesn’t provide for dependents, children incl adopted children of all ages and a spouse (but not step children unless they have been treated as the deceased’s own children) in a will it can contested by making a claim under the THE INHERITANCE (PROVISION FOR FAMILY AND DEPENDANTS) ACT 1975.

Details are here

http://www.rollingsons.co.uk/The-Inheritance-Provision-for-Family-and-Dependants-Act-1975.shtml

and here

http://www.disputed-will.co.uk/news/?p=1

2
Undue influence if it is thought that the person making the will had been “got at" when drafting the will.

3
Or if, when drafting the will the person lacked mental capacity/didn’t know what he/she was doing

4
Fraud

There are strict time limits for contesting will under 1 above of 6 months from death.

Claims under 2 or 3 above 12 months.

Claims under 4, no time limit.

http://www.probate.uk.com/how_long_contest_will.html

The
5

Promissory Estoppell. This is a technical legal doctrine not used very often. It says that if anyone has been promised something during the lifetime of a person and they relied on that promise to their detriment then they are entitled to have whatever was promised. The classic case is indeed the young man on the farm, who is told by the old man “don’t go off to seek your fortune son, but stick with me and work on the farm and I will leave it to you when I die,”.

So the young man doesn’t go off to seek his fortune and stays and works on the farm and it turns out that when the old man dies he leaves everything in his estate to the prize cow, Daisy or his new girlfriend, who is 30 years younger than he is.

In that case, the young man having given up a future (to his detriment) on the basis that one day (he was promised) the farm would be his and he believed it and relied on it, he can get a court order that the farm is transferred to him. Such claims are not cheap or quick to bring in do require a large burden of proof of the promise and reliance to detriment.

Anyone can get a copy of a will once it has been admitted to probate from HM probate registry, upon the payment of £6 pounds.

http://www.justice.gov.uk/courts/probate/copies-of-grants-wills

Anyone can also hold up the granting of probate by entering a caveat at the probate registry. At least, they will then find out if there is a will. The entering of a caveat will certainly wake up any executors. Some explanatory details are here;

http://www.anthonygold.co.uk/site/ang_articles/ang_articles_filing_a_caveat_first_step_in_contesting_a_will

If there is no will the estate is distributed under terms of the rules of intestacy

http://www.adviceguide.org.uk/england/relationships_e/relationships_death_and_wills_e/who_can_inherit_if_there_is_no_will___the_rules_of_intestacy.htm

A person can register a standing search at the probate registry, which must be renewed every six months and it will tell them if anyone applies for probate. When they do, they can then apply for a caveat.

If anyone is considering litigating the matter on any of the grounds above, they can make an application to court for pre-action disclosure of the will and can ask the court to award costs against the executor. If the application fails, costs can be awarded against the applicant.

Can I clarify anything else for you?

I am happy to answer any specific points arising from this.

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Thank you.

If you still need any points clarifying, I will still reply because the thread does not close.

Best wishes.

FES

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