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Shelby P
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I am sorry to hear about your sad news. You do need to see a solicitor urgently - ask to see one that specialises in Probate. Its very possible, although I am no expert, that you will be able to bring a claim under the Inheritance (Provision for Family and Dependant) Act 1984 if you can show the court you were financially dependent on your former partner.
There are strict time limits to comply with - a claim has to be brought within six months.
Its quite urgent now that you seek advice. There are several things a solicitor can do - he can check if the new partner has applied for probate and has begun to wind up the estate and also the solicitor can help you register a 'caveat' at the Probate Registry to protect your interests until matters are soughted out.
PS Legal Aid is usually available for these claims - check your solicitor offers legal aid. |
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Jason
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He was awarded 50% of the house. He left it to his girlfriend. Now it is hers. You can collect social security for your child but she is entitled to 50% of the house. |
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dan the fisher man
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you can try but you won t get anywhere what about his partner he has left behind i think you should concentrate on your son rather then trying to grab whatever money you can. He has made his wishes clear in his will respect them |
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Razzle
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grab grab grab.....
it was one of his last requests....wow! |
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sparhawk7322
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Probably. But I gave up on court decisions making sense a long time ago. |
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chris
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think of the child more |
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?
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i very much doubt it but get some advice you will probably be entitled to legal aid |
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ξήĢŁĭŞĦ ŗǾşξ ©® ღஐღ
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i doubt that very much ! |
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telboy everton forever
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go check it out at a solicitors ,you might find out that she will need proof she was his girlfriend |
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Pleasant Peter Perkins
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It depends on whether the will is open to probate. You need to talk to a lawyer asap. Good luck and sorry for your loss. |
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raichasays
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In the US, the answer would be no. The obligation to support your child ends with your death or the child's death.
But you might be able to contest the will and have your son inherit his father's share. |
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shitebird
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wow you are a mean one and greedy too.
it was his last will and testament show some respect.
you will have a hard time contesting it. you don't have much kindness in you do you.
the dead don't pay child support. are you jealous of her or something or just not very nice |
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Dorathcat
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Hi Anna
Because you weren't married, and you don't say where in the UK you stay, I'd recommend you speak to a solicitor - as the law in England and Wales is different from that in Scotland. Most solicitors give a first free interview, or see Citizens Advice.
There are various reasons for contesting a Will - such as it was made when the person was unfit to make a Will, was under undue influence from someone (who is a beneficiary under the Will) or something else that makes the Will ineffective. However, contesting a Will because you don't like the contents of it would, I think, be difficult.
You need to talk to an expert to protect your interests - and that of your son. |
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DimBlonde
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Of course you can contest the will. But that does not mean you will win the case. If you want to know that, then talk to a legal advisor. |
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Ring of Uranus
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Your more likely to have a stronger claim on his life insurance.
Assuming you took out joint insurance against either spouse dieing during the term of the mortgage (usually a requirement of the lender) and you named each other as beneficiaries, which most do and then never bother to change, provided the payments are up to date, you may find your mortgage has just been paid. |
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Mildred J. Michalczyk
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In the US you probably could not. The obligation of the father of your child to support your child would usually end with his death. In the US, you would get social security for the child. However, your son is entitled to contest the will and you as the next of kin could probably be appointed his representative. I do not know the grounds for will contests in the UK. I do not know if bequests to minor children are mandatory, but it is worth checking into, and to see whether perhaps in the UK, the father's obligation to support your child extends beyond his death. You need to speak to a lawyer about those issues, and about how title to the house is held. Maybe there is a loophole. |
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korcula
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No you cannot have the charge awarded for child support - if he made a Will stating his girlfriend gets the 50% equity in the house then she is legally entitled to it - if he had wanted to leave his share to his son he would have stated this in his Will. Unfortunately he did not do this.
If you try and contest the Will I doubt very much you would gain anything other than a large legal bill
You can apply to Social Services for more child support for your son to make up for the loss of child maintenance so would advise you proceed with as soon as possible |
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Perfectly Pink
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You may be able to contest the will on behalf of your son who is his only dependant. People will say that you are money grabbing etc, but you now have to support this man's child on your own with no other monies coming in and not other support. Speak to a solicitor as soon as possible. I think new girlfriend should not have the 50% of the house whether it is in the will or not as she has contribuited nothing towards it. If she had anything about her she would give the 50% to your son. I think that would be the decent thing to do |
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Heralda
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Your first responsiblity is to your child. Get everything you can to support him and give him the best start in life possible. He is the true legacy of your ex's life. He may want to go into further education and you can't do that without money. If you do get something from the house, put it in a trust fund for your son. With the maintenence payments gone, it will be harder for you now. Go to the Deptartment of Social Security and make sure you get all the financial help you can. See if someone from the Citizens Advice Bureaux can help you with legal advice.
Good luck. |
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stormydays
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Yes
You have a right to try
How you will fair will depend on a number of outside factors.....but certainly no harm in trying |
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Sway_27
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Typical, someone dies and all you single moms can think about is how to get more f-ing money. |
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