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Legal matters

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Mesher order on death

2 replies

scratchyteen · 19/06/2020 22:53

My friend has died after a very short illness, fortunately she managed to make a will the week before she died. She has left everything to her son, who is 17. 12 years ago she got divorced and a Mesher order was made, 70/30 split in her favour. This was triggered by her death. Does this mean the house must now be sold? The divorce was very acrimonious and the relationship was irrevocably brokendown. The son's relationship with his father was poor and he rarely saw him - he moved away to live with girlfriend, not spent Christmas and birthdays together for over 6 years. Long story short he moved himself into the house unbeknownst to my friend with social worker's blessing. He has forbidden his son to have contact with his mother's friends who he has spent holidays, Christmas and birthdays with. He has been aggressive and rude to the executors of the will who are going to instruct solicitors as he is difficult to deal with. He is now sying the son doesn't want to sell the house but there is concern he does not have his son's best interest at heart and actually wants control of the finances as the legal guardian. Any advice?

OP posts:
Collaborate · 20/06/2020 04:46

My suggestion is that you stay out of it. 17 years old and just lost his mother. Getting to know his father again, who has done the right thing by looking after his son. Whatever else is going on is happening in someone else’s family.
The will has executors.. It’s up to them what they do with the 70% of the house that falls in to the estate but as it is still needed to provide a home for the son I have to say that if they want to force the sale of the house (you don’t say explicitly that they do but it is implied otherwise why would he have to make clear he doesn’t want it sold) they sound like utter shits.

Weenurse · 20/06/2020 05:25

I suggest son gets legal advice to represent his interests with both regards to his dad and the estate.

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