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I am a step-father married to the mother of my step-daughter

 
Law Denning's Avatar
  • Answered by:Law Denning
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Customer Question

I am a step-father married to the mother of my step-daughter (we'll call her 'Sarah')

I have reason to believe that the Sarah's real father('F') and grandparents('GPs') have spent, stolen or misappropriated more than £10,000 in inheritance which was originally due to Sarah and her siblings. This inheritance is from the death of Sarah's Great-grandmother on the father's side.

The problem is that we're not actually sure whether this inheritance was outlined in a will or whether it was an informal goodwill gesture.

We first need to know what was in the will and if the executor carried out his\her duties..


Can you please advise?

 

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System of Law: England-and-Wales

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Submitted: 399 days and 17 hours ago.
Category: UK Family Law
Value: £22
Status: CLOSED
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Expert:  Law Denning replied399 days and 16 hours ago.

You can get copy will from HM Probate Registry for £5 if it was admitted to probate.

There is no duty on executors to let you have it but we always advise they do so to be totally transparent

Can I help further?

L

Customer replied399 days and 16 hours ago.


Thank you for your response.

Can you just clarify how else a will may be 'created' (for want of a more accurate term), if not admitted to a probate. Are probate registries the normal process?

One more thing. The Father claims :
"Well I thought everyone was in the will but I learnt early this year that, that will got destroyed and they got my nan to change it when she was ill and had demencha so it went to them, even my nan sis and brother was not included in it and they where in the old one"

I assume they cannot 'destroy' a will. What are the legal implications of 'getting someone to alter the will' when they have dementia?



Sorry so many questions. I'm grateful for your help.

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Expert:  Law Denning replied399 days and 15 hours ago.

A will can only be created by the person making it although someone with dementia can make a statutory will (uncommon) which leaves things in a set order.

Of course a will can be destroyed but if done by someone not entitled to do so it is criminal damage and if done to change the persons wishes, possibly fraud.

A will is usually only admitted to probate if assets incl house are over £20k.

Over that sum it always is, under that some it sometimes is.

Please press accept and I will clarify any points. The thread remains open for me to answer follow up points for you. Thanks

LD

 

Expert TypeSolicitor
Category: UK Family Law
Pos. Feedback: 96.8 %
Accepts: 1415
Answered: 5/15/2012

Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice

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Customer replied399 days and 15 hours ago.

I have accepted and I am grateful for your time.

Many thanks.

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Expert:  Law Denning replied399 days and 15 hours ago.

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