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Legal matters

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Legal advice please

7 replies

Hairyhat · 01/09/2023 18:45

Can anyone advise my friend please? She's the only child of a deceased father who didn't acknowledge her. He paid maintenance during her childhood via the courts. The deceased also contested her attempted adoption by her Mum's husband (proof he was her biological dad).
So my friend wants to know how she would find out if there is a will. AFASK she is the only living relative. Her dad told her she was his only heir but didn't mention a will.
What are my friend's options? There is a modest house and car but my friend doesn't have the means to pay for solicitors. She is a single mum herself.
He died in July 2023.
Thanks to anyone who can advise

OP posts:
Riverlee · 01/09/2023 18:52

https://probatesearch.service.gov.uk/help

How to search for a person’s will.

Was she adopted by her mums new husband? If so, then she’s not legally her dad’s child. If there is no will, I’m not sure she would be in line to inherit automatically. If she wasn’t adopted, and there was no will, (and no other children or wife), then she would be the sole heir.

( I think this is right, but not an expert)

Search probate records for documents and wills (England and Wales)

https://probatesearch.service.gov.uk/help

Hairyhat · 01/09/2023 18:58

She wasn't adopted. Her bio dad contested the adoption when she was 10 and she was never adopted

OP posts:
Hairyhat · 01/09/2023 19:04

Ty @Riverlee that's been really helpful.

OP posts:
Sisterpita · 01/09/2023 19:57

I would consider putting a caveat on probate. https://www.gov.uk/stop-probate-application This means if anyone tries to apply for probate they will be told of the caveat and can contact her.

Your friend could try to get a copy of the death certificate, it will have the contact details of the person who registered the death and they may be able to help her ascertain the current position.

Stopping a probate application

How to challenge a probate application (‘enter a caveat’) if there’s a dispute about a will. What to do if your probate application is challenged.

https://www.gov.uk/stop-probate-application

Hairyhat · 01/09/2023 20:46

@Sisterpita yes I think that would be a really good idea. She doesn't think he told anyone of her existence except his ex wife many years ago

OP posts:
Hairyhat · 01/09/2023 20:48

Thanks both. Really helped us work out what to do.

OP posts:
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