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My Mother died 10 years ago and made her will out for her half

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My Mother died 10 years ago and made her will out for her half to be between my sister and myself. Her will said the usual about going to surviving partner which was a mistake as the first thing he did was to ensure that my sister was excluded. This was ok because I told her that I would do everything that my Mother specified. My Father then "fell out" with me and left me out of his will as well. He was going to leave everything to a dogs home (£200,000). He has since moved house and changed his name so we cannot trace him. I know who his solicitor is but they will not speak to me so I can't even find out if he is alive or dead. Is there any way we can contest his will (if not too late). Just to give you an example of what he is like----years ago we had a puppy that was too boisterous, I gave it to my parents as they could give more time to it. They loved the dog and when he fell out with me he had the dog put down so, if he died, we couldn't have it back. Nice person!!
Submitted: 4 years ago.
Category: UK Law
Expert:  Thomas replied 4 years ago.

Hello Hindbum,

 

Thanks for your question.

 

You are time barred from disputing the distribution of your mother's estate to you father unfortunately, an application to dispute a person's Will must be made within 6 months of the date of the grant of probate in the deceased's estate.

 

You may be able to make a claim on your father's estate (when he passes away) if you can show "reasonable financial provision" and make an application within 6 months of the date of the grant of probate, .

 

I note you say you are not sure if your father is alive or dead. You can check to see if a grant of probate has been obtained in his estate by searching the probate calender to see if one has yet been obtained and they pay a fee to receive a copy of it (a copy of your father's Will would also be attached to it). Follow the instructions on the following site:-
https://www.hmcourts-service.gov.uk/cms/1226.htm


If no grant has been obtained you could make a "standing search" of the calender, which will notify you and send you a copy of the grant if one is take out within 6 months of the date of the search:-
https://www.hmcourts-service.gov.uk/cms/1211.htm

 

If you then decide to make a claim then you should go and see a local solicitor. He will take your instructions then write to the executors to state that you are making a claim on the estate under the Inheritance (Provision for Family & Dependants) Act 1975

 

If this has been useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

Kind regards,


Tom

Customer: replied 4 years ago.
Hello, Thanks for the prompt reply. The probate side sounds fine but I don't know what he has changed his name to. How do I find out?
Expert:  Thomas replied 4 years ago.

It would be worth searching under his old name just in case.

 

Contrary to popular belief, there is no central registry that register's changes of name. They can be registered, but it is not a requirement to register in order to effect a change of names. There are lots of online services, you can google them, otherwise you may have to instruct an enquiry agent to do some investigative work on your behalf.

 

Please kindly click accept.

Kind regards,

 

 

Tom

Thomas, Lawyer
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Experience: BA (Hons), PgDip, Practising Solicitor
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