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plclegal, Barrister
Category: Law
Satisfied Customers: 9110
Experience:  Barrister at law
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My friend died while on Holiday abroad. She was 49 yrs old.

Customer Question

My friend died while on Holiday abroad. She was 49 yrs old. She left 2 grown up sons, and one 16 yrs old daughter.
JA: Where are you? It matters because laws vary by location.
Customer: Manchester
JA: What steps have you taken so far?
Customer: she was holidaying in her home country. She had blood clot diagnosed in UK and died after 2 weeks in hospital. Burial is this week.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: She left mortgage ongoing. She was separated but not divorced. Can be property kept to her children not to separated husband?
Submitted: 14 days ago.
Category: Law
Expert:  plclegal replied 14 days ago.

Hello and thank you for the question. I’ll do my best to assist you and provide an accurate and speedy response. Please bear with me as this is an email service and not live chat, replies will not be instant as a result. Also note that the discussions here are for general information purposes only and do not constitute a lawyer client relationship.

Let me just review your query and I’ll come back to you with any points I need clarifying in order to be able to answer.

Expert:  plclegal replied 14 days ago.

I'm so sorry for your loss, this must be a very difficult time for everyone.

Can you tell me if your friend left a will or not?

Can you tell me if the property was owned just by her or by her and her husband?

Customer: replied 14 days ago.
She passed away yesterday. Her son said she called lawyer to write will. Can it be valid in UK
Customer: replied 14 days ago.
The property is bought soon after she separated and owned only by her
Expert:  plclegal replied 14 days ago.

Thank you for the information. It will depend if she has a valid will or not. A valid will executed abroad should be considered valid in the UK if it covers UK assets and is signed and witnessed in the presence of two adults (that are not beneficiaries or related to beneficiaries of the will).

If there is no valid will, her estate (including all property and assets) would pass to her husband by default.

Of course there is room for negotiation here, if this is the case. Her separated husband should also be reasonable about what is in the best interests of the children and not simply be after money.

But according to law, if the will is valid - then her wishes will be followed. If not, her husband inherits.

Can I clarify anything more about the legal position for you?

Expert:  plclegal replied 14 days ago.

I didn't hear from you again, but I trust that the information provided was of assistance. Once again I am so sorry for your loss. I know the family will appreciate the help you are trying to offer.

Thank you for your enquiry today. I am happy to answer follow-up questions - please do get in touch with requests for extra information or further queries and I will do my best to help you. You can request me personally on a new question thread saving my profile as one of your preferred experts and by tagging me (@PLCLEGAL) at the start of the new thread. Best wishes, Peter.

Customer: replied 14 days ago.
My friend had 3 children. Youngest one is 16. What age can make a decision for herself? Is it her dad who has a legal carer? Until what age?
Expert:  plclegal replied 13 days ago.

A parent remains legally responsible for their child until the are 18. However, a 16 year old can make a lot of decisions, for example about where they live, by themselves.

Certain decisions need parental approval, such as to marry before 18, but in practice a 16 year old can make their day to day decisions on their own.

I hope that this helps.

Customer: replied 12 days ago.
If she didn’t leave any will, can her 2 grown up and 1 underage children have anything from her assets?
Expert:  plclegal replied 12 days ago.

Hello again. Would you be so kind as to post this as a new question, marked for my attention (plclegal)?