Dad died, mum homeless, all helpless, long read sorry uk

RAS

Ap_hazard_42 wrote: »

when we spoke to my fathers solicitor he made it known it was not my mothers money but my fathers. Also that she had no rights!

Whatever happened to the fact they were MARRIED!!!

Why are you even speaking to your father's solicitor? You and your mother need your own independent legal advice.

And if either of your parents are not of UK origin (just based on your lack of understanding of UK law), I suggest you avoid using a lawyer from the same community.

Ap_hazard_42

Hi RAS,

I don't understand what you mean by our lack of understanding in British law?

We have had our own solicitor for a few months now, every time he acts on our behalf we pay him then we pay for a reply from the estates solicitor. This is because we are residue beneficiaries .

In our situation please advise what you would do?

Please read all the information above, I appreciate there is a lot to read.
Many thanks

madbadrob

Ap firstly I would get another solicitor.

The Inheritance(Provision for Family and Dependents) Act 1975 makes special provision for those who consider they are entitled to a share, or a greater share, of the estate and want to secure this entitlement by contesting the Will.
This Act protects those who are connected to the deceased but did not receive "reasonable financial provision" from the estate of the deceased via the Will or intestacy.
In order to succeed in contesting a Will on these grounds you must be:
A spouse or civil partner of the deceased;
A former spouse or civil partner provided you have not remarried or entered into a new civil partnership;
A child of the deceased;
Any person (not being a child of the deceased) who was treated as a 'child of the family' of the deceased;
Any person being partly or wholly maintained by the deceased.

As your mother does not seem to have been provided for she should at this stage contest the will. She would in my opinion (and I am not a lawyer) win this and the cousin and yourself would lose out. Being a residual beneficiary means nothing. That said it would depend what the value of her share of the residuary is likely to be of course.

It sounds to me as if your solicitor is not fully conversant with the Inheritance law

http://www.contesting-a-will.co.uk/contesting-a-will-provision.php

Rob

RAS

In which case has this solicitor mentioned caveats?????????

If not, ask for the case file and get a new lawyer, pronto.

Ap_hazard_42 wrote: »

Hi RAS,

I don't understand what you mean by our lack of understanding in British law?

We have had our own solicitor for a few months now, every time he acts on our behalf we pay him then we pay for a reply from the estates solicitor. This is because we are residue beneficiaries .

In our situation please advise what you would do?

Please read all the information above, I appreciate there is a lot to read.
Many thanks

Ap_hazard_42

Thank you for your advice.

What is a caveat? It means warning... How can this help us??

Yes I agree, we do need a excellent solicitor. Or even a good one will do.

Ap_hazard_42

Hi Rob, unfortunately the link you posted is unavailable.
Thank you for your advice.

Merry Christmas

sleepless_saver

Ap_hazard_42 wrote: »

Thank you for your advice.

What is a caveat? It means warning... How can this help us??

.

This is what a caveat is in your context.

madbadrob

The link I posted was the page I copied the info from in my post

Rob

John_Pierpoint

John_Pierpoint wrote: »

What is the nature of the business?
What sort of profit do you think dad was making each year?
What is dad's property (real estate) worth?.
What sort of role did you and mum play in the family business?

Unless you do some research and get a handle on what this estate is worth you could achieve a situation where nobody inherits anything; because the lawyers have bagged it all.
Beware, this feels to me like a divorce being organised after the death, expect the executors to respond by trying to minimise the value of the estate to be given to mum, when push comes to shove.
Any portable value (that safe with the gold coins?) has most likely dropped out of the equation already.

Ap_hazard_42

Thank you to you all for your advice.

We are seeing another solicitor in the new year to discuss the options. But also realise you sometimes have to let go.. And live.

Merry Christmas to you all and here's to a better new year.

Ap hazard