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Joshua
Joshua, Lawyer
Category: UK Law
Satisfied Customers: 24527
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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the lady who left me money was a family friend since i was

Resolved Question:

the lady who left me money was a family friend since i was a little girl, her nieces rang my solicitor while it was at probate inquiring about the estate but i havent heard anything since
Submitted: 1 year ago.
Category: UK Law
Expert:  Joshua replied 1 year ago.

Joshua :

Thanks for your question. Please kindly RATE my answer when you are satisfied

Joshua :

May I ask when your friend passed away roughly please?

Joshua :

Do you know who the executor(s) are?

Customer:

she passed away 20th august 2012, executors were her solicitors

Joshua :

Thanks. Do you know how much you have been left and do you know whether probate has been obtained yet?

Customer:

yes i received the cheque 4 wks ago probate was granted 16th nov 12

Joshua :

Thanks. Forgive me, for clarity if you have received a cheque may I clarify precisely your concern. Is it for someone else or are you uncertain you have been sent the right amount?

Customer:

the solicitor told me they have up to six months after date of probate to contest does that mean i can call money mine from tomorrow

Joshua :

Thanks. Who are you concerned may contest the will?

Joshua :

her niece?

Customer:

her late husbands nieces as they phoned solicitor back in november asking about the estate and wanted a copy of her will

Joshua :

Thanks.

Joshua :

There are provisions under the Inheritance Act for dependents to make a claim against the estate however they would need to show that they were financially dependent on the lady in order to do so. Such claims must be made within 6 months of grant of probate.

Joshua :

If you are concerned that there may be a challenge you may consider putting the money in a savings account and not spending it until the deadline has passed in case there are any challenges. However if they were not financially dependent on the lady a claim under the Inheritance Act will not be straightforward.

Customer:

thy weren't financially dependent on her they had no contact with her for last few years, its 16th may tomorrow and probate was granted on 16th november if i do not hear anything today is that the end of it

Joshua :

Yes they would appear to be virtually out of time. It may be wise to wait another week or so just to ensure that they have not submitted a last minute application to the court and perhaps checking with the solicitors that they have not received any notice of claim perhaps at the end of next week to allow for post. If there is nothing then they would appear to be out of time.

Joshua :

It may be sensible to delay a week or so in case they submit a last minute claim with the court and to check with the solicitor perhaps at the end of next week to ensure they have had no notice of claim in the post but otherwie yes they would appear to virtually be out of time based on what you say

Customer:

ok thankyou

Joshua, Lawyer
Category: UK Law
Satisfied Customers: 24527
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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