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MARTINT330
MARTINT330,
Category: Law
Satisfied Customers: 1701
Experience:  Expert
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I have been a close friend and look after him for 15 yrs

Customer Question

I have been a close friend and look after him for 15 yrs been called out several times and got him out of many comas he said that I was like a son to him , everybody’s knows I looked after him as a friend , as I have a normal job but cared for him every day as a friend , his son now he has passed away sold house etc I asking if I have a chance of challenging the will
JA: Where are you? It matters because laws vary by location.
Customer: Buckinghamshire
JA: What steps have you taken so far?
Customer: none at moment
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: he has o ly just passed away I was if the son died in charge of will but he only bought the one bit of paper up for me to sign 9 mths ago so did not see will , always told people I was his son I was very close to him as only a few doors away and always me when he was ill
Submitted: 16 days ago.
Category: Law
Expert:  MARTINT330 replied 15 days ago.

Hello, my name is***** hope you are well today. I am a qualified Solicitor, and I will be able to help you by providing you with an answer to your question today. I specialise in UK and Irish Law. I am not always online but rest assured if I do not respond immediately I will respond when I return.

Expert:  MARTINT330 replied 15 days ago.

Is there anything else you feel is relevant to your question or anything else you would like to add before we continue?

Expert:  MARTINT330 replied 15 days ago.

When a person dies without a valid will, their property (the estate) must be distributed in accordance with certain rules. These are known as the intestacy rules. An intestate person is someone who dies without leaving a will.

Under the rules of intestacy, only married or civil partners and certain other close relatives can inherit. If a will is made but it is not legally valid, the rules of intestacy determine how the estate is divided, not the wishes expressed in the will.

Expert:  MARTINT330 replied 15 days ago.

However, in your case, since you were always treated by your friend as his child, you may be able to apply to the court for reasonable financial help from the estate of the person who has died intestate. You also have lived with them for at least two years immediately before their death. You would not inherit under the rules of intestacy but you could apply to the court for financial help.

You must make the application within a certain time limit although in some circumstances this can be extended.

Expert:  MARTINT330 replied 15 days ago.

The court may order:

  • regular payments from the estate

  • a lump sum payment from the estate

  • property to be transferred from the estate.

Expert:  MARTINT330 replied 15 days ago.

If you want to apply to the court for financial help, you will need legal advice.

You may try to check this webpage and see if you’re eligible for the government’s legal aid. Once you enter the online form, there will be an option to select a category.

Expert:  MARTINT330 replied 15 days ago.

Is there anything else I can help with today?

Customer: replied 15 days ago.
How can I find out if I am in the will which I don’t think
I am how long do I leave it , also I was executive of the will of the don had died
Customer: replied 15 days ago.
If the son had died
Expert:  MARTINT330 replied 15 days ago.

You would usually be contacted by the executor, or the solicitor the executor has instructed, to notify you that you are a beneficiary. The executor is an individual appointed to administer the last will and testament of a deceased person, and their main duty is to carry out the instructions to manage the affairs and wishes of the deceased.

Once the executor of the will has applied for Probate (the legal and financial processes involved in dealing with the assets of a person who has died), the will become a public document and you can obtain a copy of it to check if you are a beneficiary of the estate.

Customer: replied 15 days ago.
but he already sold house which the son has half and the rest was his fathers which was sorted out before he died also how long do I wait to see if I get contacted
Expert:  MARTINT330 replied 15 days ago.

On average, you should expect the Probate process to take nine months from the date of death through to completion. Typically, we see cases taking between 6 months and a year, depending on the complexity and size of the Estate Probate is being applied to.

Thank you for your question on JustAnswer. We are always available to help and please do let me know if you have any other questions I can answer for you.