http://www.lawanswers.co.uk daily 1 2008-04-29T05:10:14Z http://www.lawanswers.co.uk/questions/is-it-standard-practice-that-people-due-to-inherit-money-have-to-have-their-own-financial-history-checked-before-any-monies-can-be-paid-to-them As a beneficiary I was recently led to believe that I was due to inherit some money from my late brother's estate. However, the probate office dealing with the claim have now informed us that they will have to do a credit search on myself to see if there are any County Court Judgements against me and, if so, any monies due to me will have to go towards paying the CCJs first before any monies can be paid to me. I was just wondering if this is a legal requirement and if it is standard practice as I thought that the probate team worked towards maximising any inheritance due. Is it necessary that people due to inherit money have to have their own financial history taken into consideration? I would really appreciate any advice or guidance you may be able to give. No publisher MariaMason 2008-09-29T09:56:09Z Rich document http://www.lawanswers.co.uk/questions/my-brother-has-been-told-he-cannot-leave-his-adult-children-different-shares-of-his-estate-in-his-will-as-the-shares-have-to-be-equal-is-this-correct My brother went to make a new Will recently and was told that he could not leave his three adult children a different share of his estate. He was told that it had to be equal or someone would contest it and by the time it was sorted no-one would get anything, only the lawyers! He is furious about this because he thought that the whole point of a Will was to make sure that his final wishes would be met. Could you tell me if he has received the correct advice? No publisher MariaMason 2008-09-22T10:37:28Z Rich document http://www.lawanswers.co.uk/questions/if-i-die-i-would-like-my-death-in-service-benefit-to-be-put-in-trust-for-my-child-and-would-like-to-appoint-a-guardian-can-i-put-all-this-in-a-will I am married and have a young baby. We do not own a house and the only thing I have to pass on in a Will is my death in service benefit from work. Out of this I would wish all debts and funeral expenses to be paid which I understand I can state in my Will. I then wish a percentage to be put in trust for when my baby is 21 and the rest to be put in trust to be used for looking after my baby e.g. food, childcare, clothes etc. I also want to appoint a guardian who would have some say in his upbringing alongside my husband. Can I just state this in my Will or is there something else I need to do? No publisher MariaMason 2008-09-18T10:13:18Z Rich document http://www.lawanswers.co.uk/questions/is-it-true-that-the-eldest-son-inherits-all-if-there-is-no-will Is it true that the eldest son inherits all if there is no Will? No publisher MariaMason 2008-09-15T11:21:30Z Rich document http://www.lawanswers.co.uk/questions/my-father-has-died-and-hasnt-left-a-will-i-have-older-siblings-and-my-father-had-a-lady-friend-what-will-happen-to-his-estate My father has died and hasn't left a Will. I have an elder brother and sister and my father had a lady friend. What will happen to his estate as he owns half a property in Portugal and some cash? No publisher mariam 2008-09-09T10:43:36Z Rich document http://www.lawanswers.co.uk/questions/my-parents-dont-have-wills-and-so-my-mother-has-now-bought-a-will-kit-are-these-wills-valid My sisters and I recently discovered that neither of our parents has a Will and have therefore urged them to make one. My mother has agreed and bought a "Will kit" from a stationers. I am not very happy about this and question the validity of such a Will. Can you please outline the pitfalls of such a Will? Secondly, my father has refused to make a Will as he feels that it is not necessary as everything he owns would automatically come to us, his children. However, his family are rather unscrupulous and should he die intestate, could they have a realistic claim on any of his estate? No publisher mariam 2008-09-02T10:39:14Z Rich document http://www.lawanswers.co.uk/questions/i-dont-want-my-children-to-inherit-my-estate-can-i-make-a-list-of-friends-who-would-be-the-only-beneficiaries I am divorced with two adult children neither of whom live at home. Is it correct that upon my death both children would automatically inherit my estate equally? It is my choice not to leave my estate to either of them and I was hoping to make a list of friends who would be the ONLY beneficiaries. I have been told that the law would not allow this regardless of any Will stating all my estate to be left wholly to my friends, as both children are legally next of kin? Is this correct? No publisher mariam 2008-08-18T11:24:23Z Rich document http://www.lawanswers.co.uk/questions/my-grandfather-died-intestate-but-i-am-sure-he-made-a-will-can-the-will-be-traced-back-to-the-firm-of-solicitors-if-i-knew-who-he-used My grandfather, whom I lived with for 15 years, died intestate and all of the property went to my mother. I know that a Will was made by my grandfather and grandmother and I was due to inherit half the property. I want to know if the Will he made can be traced back to the firm of Solicitors he used. Unfortunately, the name of the Solicitors is unknown. No publisher mariam 2008-07-08T16:56:51Z Rich document http://www.lawanswers.co.uk/questions/my-wife-has-served-me-with-a-notice-of-severance-of-tenancy-what-does-this-mean My wife has served me with a Notice of Severance of Tenancy, what does this mean? No publisher MariaMason 2008-05-13T11:09:46Z Rich document http://www.lawanswers.co.uk/questions/my-grandmother-died-and-we-have-now-found-a-copy-of-a-will-but-cannot-find-the-original-the-solicitors-have-said-the-will-is-null-and-void-as-the-executors-have-both-died-should-we-just-ignore-the-copy-of-the-will My grandmother died a few months ago and we all assumed she had died without making a Will. However, while going through her possessions we have found a copy of a Will. We have tried to find the original but have been unsuccessful. Also we have contacted the Solicitors she instructed to write the Will and they have said the Will is null and void as the Executors have both died and that they do not have the original Will. Should we just deal with this as if there was no Will or do we have to send the copy of the null and void Will to the Probate Registry? Please help, what should we do? No publisher mariam 2008-05-09T10:04:05Z Rich document http://www.lawanswers.co.uk/questions/my-husband-has-left-me-and-our-young-daughter-but-he-is-due-to-inherit-from-his-late-mothers-estate-can-i-make-a-claim-on-this-money My husband of several years has walked out. We have a young daughter and he has recently started his own business. He has no income as far as I am aware and I work part time. My question is this, as part of his late mother's estate there will be enough money coming to him to pay off our mortgage, all our financial matters are joint, can he walk off with the money and start again or can I claim it to pay off the mortgage? No publisher MariaMason 2008-04-03T18:04:40Z Rich document http://www.lawanswers.co.uk/questions/husband-promised-a-fixed-figure-to-pay-off-ex-wife-from-sale-of-property-but-the-market-has-since-fallen-and-her-circumstances-have-also-changed-can-he-go-back-to-court-to-renegotiate-the-settlement During divorce proceedings last year, my husband consented to let his ex-wife have £101,000 from the sale of the matrimonial home to rehome herself and their two children. The property has been on the market since February 2006 and was originally valued at £209,000. My husband has had to reduce the price of the property several times, it is now on for £184,000. Now his ex-wife's solicitor wants to force the sale of the property by putting the sale of the property in the hands of the Courts who will reduce the price of the property until it is sold. My husband's ex-wife's circumstances have now completely changed, she is engaged, her boyfriend has a property to sell and her mother recently died which means she will inherit half of her mother's property when sold. If the matter goes back to court, is my husband within his rights to expect more from the sale of the property given her change in circumstances? No publisher conradm 2008-03-17T01:01:48Z Rich document http://www.lawanswers.co.uk/questions/daughter-was-given-half-share-in-marital-home-but-was-pressed-to-sign-it-over-to-father-and-stepmother-is-there-any-way-this-transfer-can-be-rescinded When my parents divorced my mother gave her share of the marital home to be held in trust for me until my 18th birthday. My father subsequently remarried and my relationship with my stepmother has always been strained. Leading up to my 18th birthday my stepmother applied pressure to ensure that upon reaching majority I would sign over my share of the property to both her and my father. Her argument being that when they died I would inherit the entire property anyway and there wasn't much point me holding a share which I could demand at any time. The whole transfer process was arranged through their solicitor and I had no independent legal advice at any stage. Their solicitor seemed wary and asked me if I understood what I was doing and was I sure that I wanted to do this. In truth I was very naive and didn't really understand the implications of what I was doing. When the property was sold some years later my father was instructed by my stepmother not to divulge how much it was sold for. I have come to realise that my stepmother is a dishonest women and I now wonder where I stand legally with this matter. No publisher conradm 2008-02-19T23:09:44Z Rich document http://www.lawanswers.co.uk/questions/i-dont-get-on-with-my-sister-who-is-executor-of-my-mothers-will-and-she-is-determined-we-will-not-inherit-can-she-do-this My sister and I do not speak to each other. She is the executor of my mother's will. My mother died 2 weeks ago. Mum has a will in which she left everything to be shared between my sisters and my family equally. My sister has said in the past that she will make sure myself and my family do not inherit anything. Can she do this? The will was drawn up by a solicitor. No publisher conradm 2008-02-08T12:09:12Z Rich document http://www.lawanswers.co.uk/questions/uncle-died-intestate-without-leaving-a-will-how-must-the-estate-be-divided Recently an uncle of mine died leaving no will so I have been dealing with his estate. As it is only financial with no property it shouldn't be to much of a problem. As there are no children and he never married the estate should go to his brothers. But they have died so it should got to the children of the brothers. This is where I have a problem. My brother sadly passed away before my uncle and as a result it leaves myself plus 2 cousins, so I would assume that it gets split between the relevant brother's children, as in I would get my father's share and they would split their fathers share between them, but they are disputing this saying that they think that my brother's children should be included despite the fact that my brother died before my uncle. Please put this straight for me as its driving me mad!!. No publisher conradm 2008-02-04T11:20:00Z Rich document