Help with a will and ExP please

[StickAForkInMeImDone]

ExP died a year ago. We have a DS together. He always paid maintenence.
We had to involve the solicitor to see the will as ExP family said there was nothing in it - I didn't think this was true because ExP had told me that in the event of him dying our DS would be looked after.
The will stated that DS would inherit 80% of the estate (which involved a property). The trustees of the estate told me that it is being held until DS is 18 and I have no right to ask/claim for maintenance from the estate. My solicitor told me that I can make a claim if I need things like a new school jumper etc. Is this right?
Sorry for way I have written the OP, I have tried to just put down the bare facts as I know them and leave out any emotion.
Can anyone please advise me on this please? DS was ExP's only child.

OP, I'd definitely get a new solicitor, one specialising in Inheritance Act claims. You need to apply for an order under the Inheritance Act, and it needs to be done within 6 months of the letters of administration being issued - if I remember rightly.

Either way, it doesn't sound like your current solicitor is acting in your interests at all!

olgaga So is it a case of opening up the yellow pages and finding a solicitor?
What are letters of administration?

Try contacting hulababy her DH is a probate specialist solicitor.

Hi, the thing to do initially is approach the trustees and ask what their intention is. If that conversation doesn't satisfy you then you should consider making a claim under the Inheritance (Provision for Family and Dependents) Act 1975. You'd be claiming on behalf of your child as he was dependent upon maintenance, and whilst it's great that his dad has left him a capital asset for the future, that isn't going to meet his short term need to be maintained.

You need to see someone who specialises in disputed probate ( I don't do probate, just will writing). I know a couple of good people if you'd like to PM me with your general geographical area.

OP I would take up mumblechum's offer, you will definitely need a solicitor who specialises in this field. You may be entitled to Legal Aid, but either way you need someone decent to give you initial advice at least.

Here are a couple of sites which you can read in the meantime - letters of administration are sought by the executor, and are usually issued within several weeks, although if it is complicated it may take longer. Here is a good summary of all the issues:

www.adviceguide.org.uk/index/your_family/family_index_ew/dealing_with_the_financial_affairs_of_someone_who_has_died.htm#do_you_need_a_solicitor

This is an easy-to-read guide to the Inheritance (Provision for Family and Dependands) Act 1975:

www.inheritancedisputes.co.uk/inheritance-act-claims.php

Good luck.

Thankyou mumblechum I have spoken to one of the trustees. He was the one who has been obstructive since day 1. My solicitor had to write to him 3 times before he would even reply about the will.
I will PM you now, would be great if you can reccommend someone in my area. Thankyou.
Olgagfa Thankyou for those links. I will have a read.

I'm glad some experts came out of the woodwork/ether to help - let us know what happens

Thanks bobs for your advice. Will let you know if I get anywhere.

Hope it works out for you - it seems entirely obvious to me that what your exP would have wanted would be for his maintenance to continue to be paid to your DS.

In normal circumstances the cost of the claim, which IMO will be successful, will be paid out the estate anyway, so try not to worry too much about costs.

I do some contested probate work, most settles before it actually had a finalhearing. Get yourself to a good solicitor/barrister and get them to start the ball rolling.

Unless of course the famiy agree to rent to property out, and pay the proceeds of rent to your DS as maintenance...

As Katz says, my DH specialises in this area of the law. He is a solicitor in Yorkshire with lots of experience in this kind of thing. If you need me to ask him anything feel free to contact me.

Thankyou YesMaam and Hulababy
I'm going to bite the bullet and get advice today. Shall I give my current solicitor one more chance to sort it or go straight to another one?

Do you feel confident with your current solicitor?
Does your solicitor have much experience in this part of the law?

I'm NOT legally qualified so please feel free to ignore...

I wouldn't be giving your current solicitor any more chances. From what you've said it sounds like you could be waiting another month or even longer and still get nowhere. I'd find another one, fast!

Good luck

I agree with NotActually, your present solicitor sounds like he's been doing the minimum and just fobbing you off, tbh. You engage a solicitor to act for you, not sit back and see what you'll put up with.