Am I his widow?

2

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  • rosiesq
    rosiesq Posts: 63 Forumite
    First Post First Anniversary Combo Breaker
    Hi Savvy_Sue
    Thank you. Yes, there was a will, my eldest son got a glimpse of it, but she wouldn't let anyone touch it, which leads me to believe that she either put it somewhere that safe she can't find it/it's been inadvertently thrown out? Or..which I'm not suggesting, she believed as a lot of people do, in 'common law' partners, and thought that without a will she would get everything. Probate office have notified me that she's lodged a Caveat.
    Not in Scotland...maybe I'll ring Probate and ask them to clarify the wording. Thanks again.
  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
    You will need to buy a copy of the will. The probate office will not tell you what it says.
  • rosiesq wrote: »
    .maybe I'll ring Probate and ask them to clarify the wording. Thanks again.

    Here's a link to a blank Caveat form. No detail as such. The only bit you appear to need is the correct address for service of a warning.
  • rosiesq
    rosiesq Posts: 63 Forumite
    First Post First Anniversary Combo Breaker
    Thanks. There isn't a will! Probate Office have sent me the form I need, including telling me what I need to put, which is where the bits I don't understand have come from.
  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
    rosiesq wrote: »
    Thanks. There isn't a will! Probate Office have sent me the form I need, including telling me what I need to put, which is where the bits I don't understand have come from.
    If there is will then the estate is intestate and the intestacy rules apply. Unmarried partners get nothing.
  • greyteam1959
    greyteam1959 Posts: 4,576 Forumite
    Name Dropper First Post First Anniversary
    I am very surprised that nobody has suggest getting yourself a solicitor ASAP.
    This is already developing into a situation that you will not be able to deal with yourself.
  • rosiesq
    rosiesq Posts: 63 Forumite
    First Post First Anniversary Combo Breaker
    Thanks everyone. Can't afford a solicitor, I'm afraid. That would have to be a last resort. Up to this stage perfectly possible to deal with it ourselves. It's just the archaic legal jargon I don't understand.
  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
    rosiesq wrote: »
    Thanks everyone. Can't afford a solicitor, I'm afraid. That would have to be a last resort. Up to this stage perfectly possible to deal with it ourselves. It's just the archaic legal jargon I don't understand.
    You need to read the !!!8220;stickies!!!8221; above about wills and intestacy. The ex partner is probably bluffing as she has no legal right to your later father!!!8217;s assets. You can do the work yourself. Do you have any idea what your father!!!8217;assets were worth? Plenty of help here. You just have to ask.
  • Savvy_Sue
    Savvy_Sue Posts: 46,021 Forumite
    Name Dropper First Post First Anniversary
    I agree that legal help may be well worthwhile, although I can sympathise with lack of funding for it.
    You need to read the 'stickies' above about wills and intestacy. The ex partner is probably bluffing as she has no legal right to your later father's assets. You can do the work yourself. Do you have any idea what your father's assets were worth? Plenty of help here. You just have to ask.
    It's not her father. It's her late separated-from-but-not-actually-divorced husband.

    Although the question remains: do you have any idea what his estate would be worth? And following on, is it going to be worth it? If it is, there's a strong argument for borrowing money for legal help.
    Signature removed for peace of mind
  • rosiesq
    rosiesq Posts: 63 Forumite
    First Post First Anniversary Combo Breaker
    Hi Thanks Savvy_Sue and Yorkshireman99. Yes, my husband. Only lived apart since 2015, married for 40 years, together for 43. She's been with him 2 years, and obviously wants it all, I guess. Estate less than 60,000. One bank account only, no assets or property. So not worth challenging as far as I can see, even if there was a reason. Not sure that 'I've lost/misplaced the will would suffice?' Although she has tried to accuse two of my children of stealing it! The money was to be shared between the 3 children, I don't want a penny of it. Thanks
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