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Legal eagles pl - advice on probate matter

3 replies

VWLady · 19/06/2008 09:32

This is a weird one, should mention I have no beneficial interest in this estate. The deceased died in April. He was a distant relative and this situation causing worry to closer relatives.

The beneficiaries of the will are the deceased's grandchildren only. No provision is made for his partner. Estate going through probate at the moment, in the hands of one of these 'will-writing' firms (bad move!).

The deceased had a caravan on a site where a yearly ground rent was payable, so the caravan forms part of his estate (yes?).
The partner has been to the site office, paid the 2008 ground rent, and had the caravan changed into her name. Her reason for this was that she had 'hung on long enough'.

Clearly illegal yes? What possible come-back is there to this? Views appreciated.

OP posts:
strengthinnumbers · 19/06/2008 09:34

illegal.
surprised the office agreed!
the beneficiaries/estate can claim against the caravan owner and the partner.
will they?

VWLady · 19/06/2008 09:41

I hope so! The executor's (deceased son and daughter) have bent over backwards to treat partner with respect and had made it clear that any property she has in her home (ie laptop, sofa, etc) will be hers once estate settled. They had also said that it is likely they would have gifted her the caravan anyway in due course.
In view of the disrespectful way she has treated them (two months is not a great time to be 'hanging on'), I think she does need a kick up the ...!

OP posts:
Seabright · 19/06/2008 17:41

The partner may have/make a claim under the Inheritance Act if she was in any way a dependant.

Also, just because something is in the dec'd name doesn't mean she doesn't have a legal interst in it - it may have only have been possible to have one name on an agreement for example, when both parties had an equal interest. Just because he died doesn't mean her interest disappeared.

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