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some help please

2 replies

surpriseme · 29/10/2013 22:17

My father died recently. I fall as his next of kin as he didn't remarry after separating from my mum and he didn't leave a will. What are my rights?
His girlfriend(who he had only been seeing 11mths, lived together the last 2 mths) has taken over. She is in possession of the death certificate and has even taken money from his accounts since he died! She seems to be after everything. She has taken over the funeral. She claims that my dad had made a legal letter stating his wishes and its with a solicitor. Now, I think I have heard that this letter would need to be read out in front of us all and even though she said the solicitor would be in touch she hasn't asked for any of our personal details and we still haven't heard from the solicitor. I am beginning to think the letter doesn't exist hence why the solicitor hasn't been in contact-there is no solicitor.
What are our rights. Does she have rights to all his money and to run the funeral or should we have the death cert and have the rights?

OP posts:
RedHelenB · 30/10/2013 13:37

You as next of kin should be sorting out the funeral BUT it may make life easier if you consult with her a little. She certainly shouldn't be taking money from his account though!

Kafri · 30/10/2013 22:09

She shouldn't be able to take money out as accounts are frozen by the banks once you notify them of a death. Nothing will happen to the funds or arrears until they have seen either the will or grant of probate.

If there is no will and no spouse then children are next in line as executor (the ruling about eldest child is no longer applicable - all are equal)

I've literally just waded through the minefield of reporting my mums death and applying for private etc so it's all still fresh in my mind.

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