Any legals eagles out there, I need some advice.
My father died of mesothelioma, sadly he passed away before his claim for compensation had been settled. My mother & myself as joint executors and beneficiaries of his will continued with the claim on behalf of my late Dads estate.
My Fathers former employers have now admitted negligence and have made us an interim payment.
The balance of the damages is to be determined on the individual evidence of myself & my Mother for loss & expenses, our solicitor has advised us that the balance of the damages will specify particular amounts for each of us based on our individual losses & expenses.
My mothers evidence will be losing her husband prematurely and the impact & consequences of that, loss of his care and reduction in pension.
My evidence will be premature loss of my father and the impact & consequences of that, loss of earnings over the 2 years when he was ill, me taking on the majority of his care, the driving duties, upkeep of the house and garden and caring for my mother who has dementia. My loss & expenses continue after my Fathers death, as I am now my mothers primary carer (I am an only child), I am on call with her emergency alarm 24/7/365, look after & maintain the house & garden and with power of attorney look after the finances and her health & wellbeing. Basically I have stepped into my late Fathers shoes. This has had a huge impact on my finances, luckily my partner is understanding & supportive.
This situation will continue for as long as I am able to continue to look after her in her own home.
It will be clear when we receive the balance of the settlement who has been apportioned what, but we are unsure of how or if the interim payment is divided, our solicitor has said that my Mother & I are joint executors & beneficeries ! Not very clear.
So, my question is, if or how do we to divide the interim payment ?
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