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Joshua, Lawyer
Category: Law
Satisfied Customers: 30007
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My dad has recently passed. The funeral has already taken

Customer Question

Hi my dad has recently passed. The funeral has already taken place. My dad although he was my stepdad was my dad, he married my mum when my brother and myself were very young. I have a half brother who is my dad's son. When my mum passed away I have maintained my relationship with my dad. My half brother has overseen all the arrangements for the funeral. When I have asked about having some sentimental items from the house, my half brother seems to be keeping me at arms length. My half brother also asked me if there was a Will. Which there was a Will in place that on his death the estate would be divided three ways. But he has said that he can't find the Will. In the meantime time around 3 or 4 months ago, my dad told me that he is selling the house and moving in with his son. My dad told me that I don't need to worry because the sale of the house will be divided between us three boys. With his son having his third to buy a bigger house to accommodate my dad to move in with them. I have arranged on several occasions to help my half brother. My dad's house and my half brother's house are both sold subject to contract. I don't know where to turn to really as my half brother I feel doesn't want to share the estate.
JA: What documents or supporting evidence do you have?
Customer: Well myself and my older brother signed the Will as executors. I not sure that my half brother did or not. But in April this year I and my brother had a letter from the office of the public guardian, saying that my dad had a deed of recovation to cancel his lasting power of attorney.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Not sure
Submitted: 11 days ago.
Category: Law
Expert:  Joshua replied 11 days ago.

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

I am very sorry to read of the above and please accept my sincere condolences for your loss. I will certainly try to clarify the position for you.

  1. May I confirm your comment that you signed the will as executors please? Do you mean you signed as witnesses to the will?
  2. do you recall if the will was prepared by a solicitor or will writer or if not, how your father made the will?
Customer: replied 11 days ago.
Well I know I signed the Will, I'm sure it was executor. The will was done through a friend who did Wills. I cannot remember his name,but have been in touch with a friend who hopefully can remember his name. I know that when he was doing the Will that he was in touch with the office of the public guardian. I have a ref number. Although the letter states that myself and my older brother are no longer LPA
Expert:  Joshua replied 11 days ago.

thank you. The starting point is that if no will can be found, then the intestacy rules would apply which provides that in the event your stepfather was not married when he passed away, everything passes to his child(ren) (natural or adopted but crucially, not stepchildren). Accordingly, from your point of view, it is relatively crucial that your father's will is found as otherwise, this may result in you being disinherited effectively unless your stepbrother agrees to vary the intestacy rules to make provision for you and your brother. Accordingly, some detective work is in order and in particular, tracing the individual that you recall made the will.

I am concerned that your comment that you signed the will. If you signed as a witness, but what also a beneficiary of the will, this may invalidate the gift made to you under the will. I'm hoping your memory is that you sign the lasting power of attorney perhaps as an attorney rather than the will but I'm not sure there is much benefit in dwelling on this point until you find out what exactly you did sign.

if the will can be found in the seems little doubt that it did at least at one time exist, then this would be enforceable in terms of your claim against the estate

Expert:  Joshua replied 10 days ago.

I hope the above is of some assistance but if you have any further questions, please revert to me.

Expert:  Joshua replied 9 days ago.

I trust the above was of assistance and that you do not have any follow up questions for now. If there is anything else I can help with please reply back to me though.

Expert:  Joshua replied 8 days ago.

Thank you again for visiting JustAnswer and see you again in the future I hope.

Customer: replied 4 days ago.
Expert:  Joshua replied 3 days ago.

Unfortunately as I do not work directly for Justanswer I am not given any access to your account and therefore cannot see what you have been charged nor help with any billing enquiries. However customer services will be more than happy to assist you with the same. They can be contacted in a variety of ways including telephone, email and chat via the below link: