Complex Probate Case

Sea_Shell

Did anyone originally apply for letters of administration when your Mother died? Was it one of her (7)children or her new husband? Did you all know she'd remarried? Why did he have to contest anything, as intestacy would have given him a large portion anyway? Did you try administering the estate, leaving him out?

Genuinely interested, as I have potentially "messy" family circumstances close by, and am learning so much about the various pit-falls on these forums.

Margot123

The OP's question has been answered directly by PM, it would seem.

*We are so used to posters wanting other (mostly) inexperienced people to provide them with free legal advice that we can sometimes not see exactly what the original question was.

Keep_pedalling

Margot123 wrote: »

The OP's question has been answered directly by PM, it would seem.

*We are so used to posters wanting other (mostly) inexperienced people to provide them with free legal advice that we can sometimes not see exactly what the original question was.

True, but it would have been useful to know what the actual value of the estate was. The OP seams determined to pursue this through legal action, but if the estate was under £250k they don’t stand a chance, and if it is over that each child will only get 1/14th of any estate over the £250k, so even then they would be better off just making sure the estate distributed correctly under intestacy laws, by working with the other family, rather than building up large legal costs.

Rubik

It's worth the OP having a chat with a contested probate solicitor to find out if there's a case that's worth pursuing, and if so what work would be involved and what the likely costs will be. Her original question was how to find a good solicitor, and has since made it clear she isn't seeking advice on this forum - surely that needs to be respected?

Yorkshireman99

Rubik wrote: »

It's worth the OP having a chat with a contested probate solicitor to find out if there's a case that's worth pursuing, and if so what work would be involved and what the likely costs will be. Her original question was how to find a good solicitor, and has since made it clear she isn't seeking advice on this forum - surely that needs to be respected?

You are being a bit harsh. Often posters on here find it useful to know a bit more details because an OP may be asking the wrong question due to their lack of knowledge. In this particular case an expensive contentious probate specialist would cost a lot of money probably to no avail.

Rubik

Yorkshireman99 wrote: »

You are being a bit harsh. Often posters on here find it useful to know a bit more details because an OP may be asking the wrong question due to their lack of knowledge. In this particular case an expensive contentious probate specialist would cost a lot of money probably to no avail.

Apologies, I wasn't intending to be harsh.

getmore4less

IvyJay wrote: »

Thanks for replying guys.

Unfortunately, our case is complex. My mother who has 7 children bought the house in her sole name in the 70's. She died 18 years ago without leaving a will. In the mid-90's she married a man who had his own house but decided to pursue a claim for what he was legally entitled to with the encouragement of his children. Obviously, we were upset about this because our mother worked hard to provide for her children and he stood to gain a large portion of her estate. He died a year ago but his children are still pursuing his share of my mother's estate. We need to find a very experienced lawyer to determine if they can still make a claim. We are assuming that he made a will.

What you really mean is can you continue to make your claim against what is rightfully inherited by the spouse of the intestate deceased.


Surprised the spouse did not just go ahead and apply for LOA and get the job done.

maybe the OP has had a caveat running for 18 years

nom_de_plume

getmore4less wrote: »

What you really mean is can you continue to make your claim against what is rightfully inherited by the spouse of the intestate deceased.

Indeed.

On the face of it this sounds anything BUT a complex case with the answer as you detailed further up the thread. I suspect the issue is the lack of a Will with the outcome going against what the family would have desired and probably what Mum would have wanted but, without further detail, speculation is all we have.

The un-received inheritance would still form a part of her husband's estate and thus pass to his beneficiaries who are presumably his children.

As an aside I did a quick search and found a firm of contentious probate specialists who count amongst their cases that of Ilott v's Mitson. Their name? Wright Hassall. You can't make this stuff up!

Keep_pedalling

Rubik wrote: »

Apologies, I wasn't intending to be harsh.

No apology needed.

faerielight

my solicotors firm is really good, ridley and Hall, for contentious wills etc, her name is Sarah Young.. she is £250 an hour, but she is really good, I can vouch for her skill and intergrety