Query on dispute of will / probate

jbainbridge

You could also check who is on the electoral role?

NordicNoir

deleted post

Yorkshireman99

Does she still have a key or have the locks been changed? Has she stolen, or destroyed, any other estate property. Has the insurance on the property been checked? Have steps been taken to ensure the property is regularly, weekly, checked?

TBagpuss

The issue of whether they were living together' as husband and wife' (which as Michelle says means living as a couple, as oppsed to living together as landlrd and lodger, or as a house-share) will be a factual one.

Obviously if you can establish that the relative was claiming a single person's discount, had named someone other than 'partner' as emergency contact for any relevant organisations then that will be eveidence against them having ben living together. Evidence by way of statements from any neighbours, GP etc would also be relevant.
Ultimately it may come down to how beliveable a court finds the 'partner'

the second factor would then be whether the relative failed to make reasonable provision for the 'partner'. Any eveidwence Parter can produce of finacial or other support would be relevant, as would any evidence that they provided care or support to relative.

Marktheshark

If you have a claim, make the claim and apply for probate.
Get your ship in the dock first.

marcelli

1 I would say that it is up to the Ex to make any case, i.e. if the negotiations fail then Ex will have to take matters to court. Obviously, you want to know how to block such a claim, so by letter i suppose (avoiding solicitor's letters at first because costly) and stating that Deceased lived alone, can Ex prove any dependence, and you honestly don't think Ex has a claim.
2 Presumably Ex has made a claim to your Relative's sister without as yet employing a solicitor?
3 Your solicitor advises "negotiate on the claim" which I am assuming means come to terms before thinking of taking matters to court. Solicitors do seem to like to advise mediation and negotiation in the first instance; not sure why. I don't think Solicitor is actually saying that claim is valid by suggesting negotiations.
4 The advice given above about paperwork and benefits, council tax and such like, is watertight (nearly) evidence that your relative was living alone, and while Ex might have felt "dependent" on Relative, and therefore thinks she has a claim on his money, again, she would have to prove dependence.
5 Ex having burnt papers won't look good in court.
6 There is some kind of safeguard your Relative's sister's solicitor can effect (can't just recall the term for it) but it restricts anyone else applying for probate and there will be consequences on that restriction - I'm sure someone on the forum knows the procedure, and your solicitor will.
6 Seems like Ex wants to try her luck by threatening you first before trying taking matters to court.

konark

The fact that she is not living there now would suggest she wasn't in residence when he died. If she hasn't been living with the deceased then she won't be on the electoral roll and her driving licence and bank details etc will be at another address. Maybe a good idea is for the OP to find the address she does live at and check she is registered there.

I'd be wary about making any deals until you are in full possession of the facts.,From what you have said she seems to have a very weak case. Legal fees in this area can be high but that cuts both ways, I can't see a solicitor taking on such a weak claim without a few grand from the litigant in their safe.

Yorkshireman99

What are you talking about Markthe shark? The OP does not have a claim. They are talking about a claim being made against the estate of a late relative. Also someone else is apply for LOA because the estate is intestate.

getmore4less

How has it been concluded there was no will?

Yorkshireman99

The OP said so in the first line of their original post. I suppose it is possible that it was one of the documents that the alledged partner burnt.