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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 26777
Experience:  Senior Partner at Berkson Wallace
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My step sister who had control of my late father and step

Customer Question

my step sister who had control of my late father and step mum's money has decided to distribute the remaining money how she feels right. This is totally against the wishes of both parents in the Wil
JA: Where are you? It matters because laws vary by location.
Customer: Isle of Wight ,England
JA: What steps have you taken so far?
Customer: Been in contact where Will is held and they have been very slow in dealing with this and I have a meeting with them tomorrow
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 really
Submitted: 14 days ago.
Category: Law
Expert:  Stuart J replied 14 days ago.

Hello. My name is***** you for the question.

It is my pleasure to assist you today.

I have been in the legal profession, in High Street practice, for almost 30 years so I have wide range of experience in a great many different aspects of law.

Please bear with me and I will be online and off-line from time to time and therefore, may be delayed getting back to you.

Although I am shown as online, I may be dealing with other people, on the telephone, or typing.

Please be assured that you will receive an email once I have written a reply.

Just Answer is not a chat service, it’s an email reply board and therefore sometimes it will be minutes, sometimes it may be longer, even hours or overnight.

I apologise in advance if you suffer a delay.

Kind regards.

Expert:  Stuart J replied 14 days ago.

What does the Will want and what is she doing?

Customer: replied 14 days ago.
The will states that the remaining money has to be distributed equally among the 6 remaining children and step children. She is saying it was her late mothers wishes that she distributed it or kept it. Not adhering to the Will at all
Customer: replied 14 days ago.
no thanks
Customer: replied 14 days ago.
I do not want a call thanks
Expert:  Stuart J replied 14 days ago.

You have probably seen a pop-up offering you the chance of a telephone call at an extra cost. It is up to you whether you have a telephone call or not but do bear in mind that a 15-30 minute telephone call covers an awful lot of ground and you can get an awful lot of information in that time. So you can ignore it or go ahead or go ahead later. It’s your choice.

Meanwhile, we can carry on on here.

There are a couple of remedies here.

The first one is an application to court to remove her and have replaced although that is going to be risky and expensive and it’s unlikely you would get solicitors to deal with it no win no fee.

The other alternative is for anybody who’s been disadvantaged to simply take her to the Small Claims Court for whatever reason is that they should have received.

It is often the case that a robustly worded letter from a/your solicitor threatening a court application and an application for costs, may resolve the issue without the need to go as far as court.

On your house insurance you may have legal expenses cover that would pay for the legal cost so it’s worthwhile checking. Some do and some don't.

Thank you for letting me assist you with your legal question. I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards

Stuart

Customer: replied 14 days ago.
Is she legally allowed to use the money as she wishes otherwise what's the point of a Will if the solicitor does not make her comply with the Will which were my parents wishes? I thought the executioner was not allowed to with hold funds for her benefit?
Expert:  Stuart J replied 14 days ago.

No she isn’t. She has to comply with the terms of the will otherwise you either take steps to remove her and have her replaced or sue her personally for what you should have had.

Customer: replied 14 days ago.
Is it not the solicitors responsibility to make her adhere to the Will not me ?
Expert:  Stuart J replied 14 days ago.

You haven’t mentioned solicitors you says that your stepsister had control of the money.

If she has instructed solicitors to deal with the estate they should deal with it strictly in accordance with the will.

Customer: replied 14 days ago.
The Will is held at a solicitors and she has not instructed the solicitors to do anything. She has taken it on herself to divide money as she please?
Expert:  Stuart J replied 14 days ago.

The solicitors are presumably just safeguarding the will and keeping it in storage after it was written by your late mother. If that’s the case, they are not under any duty to go further than that or to make sure that the wishes under the terms of the will are carried out.

My answer remains the same. Sorry. I know it’s not the answer you wanted.

Can I help you any further with this?

It's my pleasure to help. I’m glad that I was able to help so far.

Thank you for trusting Just Answer with your legal problem.

I'm happy to clarify anything which is outstanding.

Please don't hesitate to ask.

Kind regards

Stuart

Customer: replied 14 days ago.
My options are to take her to small claims court or is there another alternative as she cannot do this surely?
Expert:  Stuart J replied 14 days ago.

I accept that she can’t do it or rather she shouldn’t do it because however you dress it up, she has or she is proposing to do and therefore your remedy is to stop her or if she has already done it, get the money back. You can’t beat her with a blunt instrument until such time as she starts to do what she should do and your only remedy is through the court.

It is often the case that a robustly worded letter from a/your solicitor threatening a court application and an application for costs, may resolve the issue without the need to go as far as court.

On your house insurance you may have legal expenses cover that would pay for the legal cost so it’s worthwhile checking. Some do and some don't.

The threat of the court proceedings against her personally and substantial legal costs (which could run into tens of thousands of pounds) may focus her mind that she can’t simply do this.

Customer: replied 14 days ago.
Thanks for all your help was really useful
Expert:  Stuart J replied 14 days ago.

It was my pleasure to assist you. Please come back if anything else crops up and needs clarification.

Thank you for trusting us, and of course me, with your legal problem.

Kind regards

Stuart

Expert:  Stuart J replied 13 days ago.

Can I help you any further with this?

It's my pleasure to help. I’m glad that I was able to help so far.

Thank you for trusting Just Answer with your legal problem.

I'm happy to clarify anything which is outstanding.

Please don't hesitate to ask.

Kind regards

Stuart

Expert:  Stuart J replied 13 days ago.

Hello again.

If you don’t have any further questions, I will mark this question thread as complete for now, but don’t worry, the thread stays open if anything else crops up over the course of the next days weeks or months.

I’m glad that I was able to help.

Thank you for trusting Just Answer with your legal problem.

Kind regards

Stuart

Customer: replied 12 days ago.
you can close this chat and how do I cancel my subscription please?
Expert:  Stuart J replied 12 days ago.

Thank you.

I am sorry but I do not work directly for Just Answer, I am an independent solicitor and therefore I don’t have access to your account. Indeed, I couldn’t access that part of the system even if I wanted to.

So I don’t know what you’ve been charged or what you been paid and I cannot help with any billing enquiries, or indeed closing the account

HOWEVER you can contact customer services because they are very helpful.

They can be contacted in a variety of ways including telephone, email and chat via the links below or on the telephone number below.

https://www.justanswer.com/help/contact-us

http://ww2.justanswer.com/help

*****@******.***

there is also a telephone number: 0808(###) ###-####/p>

I am certain that Customer Services will be able to resolve things for you.

Kind regards

Stuart