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Wills & Probate.

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  • Wills & Probate.

    My best friend Shaun passed away in January of this year and his ex partner (They Never Married) used a will dated 1976, that was written 40 years ago. From vague memory the will was made out when they took out a mortgage on a flat, his ex partner was named as the executor. After approximately four years of living together they split up on very bad terms because they could not get on, they gave up the flat and went their own way. A few years later Shaun's ex partner was imprisoned for three years for company fraud . As a result of this, Shaun was so disgusted he did not speak or have anything to do with his ex partner for approximately 20 years.

    About five years ago news spread that Shaun had lung decease and his ex partner started turning up to see him in London. His ex partner lived in the Bournemouth area. Shaun would come around to my house to avoid his ex partner whenever he knew they were coming up to London. Numerous times Shaun would stay at my house over night to avoid his ex partner. This was no problem for me as I only lived 5 minutes away. As Shaun's health deteriorated he could not avoid his ex partner and just put up with the visits.

    When Shaun died in January of this year another person unknown to me that lived in Brighton became involved with sorting out Shaun's belongings. Shaun's ex partner also came up from Bournemouth. Sadly I was pushed away and not needed even though I had known Shaun for over 35 years and traveled all around the world with him. Shaun's ex partner mentioned they had not located a will. They telephoned Shaun's work place to see if he had left a copy of a will in his work desk that was written approximately 2 years ago. When this was not found Shaun's ex partner said they had simply walked into a solicitors office and collected a copy of the will written in 1976. I protested to Shaun's ex partner that he did not want anything to do with them and would not want them to do this. Also, I pointed out that both parties had finished years ago on bad terms and had probably thrown out or destroyed their own wills. The ex partner made out they was only joking.

    I have since found out Shaun's ex partner put the will through probate and it was granted. The ex partner collected over £100,000 from an insurance policy even though they was not named on it. I suspect Shaun's ex partner is also trying to use the will to get money that his mother had left as a legacy to a well known charity now that Shaun has passed away. Shaun also received a monthly payment as part of this legacy.

    Please can you tell me if Shaun's ex partner is legally allowed to do this ?
    Last edited by VictorTheGreat; 10th November 2016, 20:33:PM.
    Tags: None

  • #2
    Re: Wills & Probate.

    Hi and welcome.

    Basically if probate has been granted there is probably nothing that can be done.
    Those who can contest a will are family members, who could try and overturn the will and have the rules of intestacy applied.
    Others are those who were financially dependent on the deceased or were promised something by the deceased.

    Do you have any proof of actual wrong doing?
    Who do you "think" should have inherited?
    What proof or reason do you have to think this?
    Why do you think this and does that person know you think they should inherit?
    Would they have a valid claim on the estate?

    They are the questions you should be asking yourself

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