Legal Help Required Please.

[Mellor 3 Ward 4]

First a bit of background...

My father died 3 months ago, on the 1st of March. Leaving a wife (my SECOND step-mother) myself and my sister.

(My mother died when I was 12)

When I was about 15 my father remarried to my First step mother - however he quickly realised that it was a mistake, he was still pining for my mum, and they divorced after about 4 years. They had NO children between them - although she already had 3 grown up children of her own when they got married.

She (lets call her W) came into the marriage with nothing, (she lived in rented before they got married) however in four years walked away with half the house, the car and all the furniture. My Dad just wanted out!

My father also paid her (for the next 20+ years until the day he died) a sum of money every month - and it was not a small amount of money either - several hundred pounds a month. Remember there were NO children involved.

Now, this W, has started making enquiries as to whether she has any claim over my late fathers estate.

Let me make it clear - I want nothing - I'm OK, as is my sister, but is it right (or legal) that my father's last wife (of 18 years whom he loved dearly) is put into this situation.

NSC, your advise is needed!

 

[Race]

Did he leave a will?

 

[Mellor 3 Ward 4]

Sorry, should have made it clear - in his last will everything has been left to my father's last wife.

 

[The Auditor]

Is there a will ...thats how things will be dealt with unless "W" disputes its validity

 

[Mellor 3 Ward 4]

Is there a will ...thats how things will be dealt with unless "W" disputes its validity

Yes, there's a will, however W gets nothing - it all goes to S (my Dad's last wife)

 

[Kylies Stunt Arse]

I would doubt that she has any claim at all then.

 

[Mellor 3 Ward 4]

I would doubt that she has any claim at all then.

Are you talking as an expert?

I have been told that because he was still paying her 'maintenance' until he died she is classed as a dependant and therefore has the right to make a claim...

 

[The Auditor]

Yes, there's a will, however W gets nothing - it all goes to S (my Dad's last wife)

I'm not a legal expert but.... unless the will can be disputed it will all go to "S"
If your Dad was of sound mind when he made the will challenging it would be difficult

 

[The Auditor]

Are you talking as an expert?

I have been told that because he was still paying her 'maintenance' until he died she is classed as a dependant and therefore has the right to make a claim...

She might have a right to make a claim but that doesnt make it a valid entitlement
If the Will was drawn up by a solicitor I suggest you contact them for proper advice

 

[Yorkie]

I'm not a legal expert but.... unless the will can be disputed it will all go to "S"
If your Dad was of sound mind when he made the will challenging it would be difficult

I would agree with that. Even if he had died intestate then the third marriage would have meant everything going to S as she is next of kin as a spouse.

 

[Mellor 3 Ward 4]

She might have a right to make a claim but that doesnt make it a valid entitlement
If the Will was drawn up by a solicitor I suggest you contact them for proper advice

When he made his Original will, it was shortly after he and W got divorced.

Basically it left everything to me and my sister, with W getting a lump sum.

When he remarried, he changed his will - leaving everything to S, and taking away the lump sum for W.

I'm more than happy with the changed will - as I said before I don't want anything - I just want S to be secure.

And I don't want W to get another penny!

 

[Barrel of Fun]

Mellor, if you can bear with me, I will pass this info onto my father. He is an ex-solicitor. He will know where you stand. I will be able to supply you with info. on Monday.

 

[Mellor 3 Ward 4]

Mellor, if you can bear with me, I will pass this info onto my father. He is an ex-solicitor. He will know where you stand. I will be able to supply you with info. on Monday.

BoFun.

Many thanks - that would be great.

 

[readingstockport]

Mellor, if you want (and c an stand a palace fan helping you) I can also run this past a Palace friend of mine who runs her own practice and is a will specialist. I will try to ask her either today or on Monday.

 

[BigGully]

Are you talking as an expert?

I have been told that because he was still paying her 'maintenance' until he died she is classed as a dependant and therefore has the right to make a claim...

I do not think that any previous actions can supersede the Will....thats why theres a Will......different if there wasn't a Will......you dont make 'claims' on Wills, unless you can prove that your Father was not mentally stable when the Will was written and was coersed into it. I guess that would come under Fraud, but in your case it aint gonna happen that way.

You can probably tell that I am not an expert...but I bet I am right !!!

 

[Mellor 3 Ward 4]

Mellor, if you want (and c an stand a palace fan helping you) I can also run this past a Palace friend of mine who runs her own practice and is a will specialist. I will try to ask her either today or on Monday.

Again many thanks!

 

[Rookie]

a will is not the end of everything, usually effected if someone has been paying maintance for schooling/uni etc in which case they would have a claim and be entitled to the maintance to continue. Not sure the same applies when it a informal arrangement when no minors are involved. Contact a will solicitor and they will give you a answer in no time at all

 

[The Large One]

M3W4, I'm not offering an opinion here, aside from saying that what you are hoping for from all this does sound right, just and fair.

I hope for everyone's sake, it sorts itself out satsifactorily, and my belated condolences to you on your father's passing.

 

[Emily's Mum]

I think that for W to make a claim, she would have to prove that she was a dependent at the time of your father's death. But as other people have said, time and money invested in a good solicitor is usually very worthwhile

 

[Lady Bracknell]

I would agree with that. Even if he had died intestate then the third marriage would have meant everything going to S as she is next of kin as a spouse.

Intestacy rules are rather more complex than this, I'm afraid. If someone with a spouse and issue dies without leaving a will there is a sharing out of the estate between them and a set of rules determining the proportions each beneficiary is entitled to.

As others have said, this is definitely one for a solicitor but I'm wondering whether the maintenance your late father has already given W might be treated as a fair share of his assets anyway. Thus ruling out any further claims.

I hope all gets sorted out fairly though. Nobody needs this sort of extra aggravation at an already difficult time.