Areas of Law / Wills and Probate

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Wills and Probate Questions

My daughter married a wealthy man a year ago. She has two sons by a previous marriage, while he has two older children. He recently suggested making a will so that, if he dies first, my daughter can continue to live in the house but with the property eventually going to his own children. My daughter is worried that the children would evict her. What’s the position?

Some years ago I agreed to be named as an executor in a relative’s will. I now feel too old and live too far away to carry out this duty, should it arise. I intend to ask to have my name removed, but if the relative doesn’t agree, are there any other steps I can take, and would the will have to be entirely re-written?

What is the legal pecking order of relatives to determine next of kin? If a single person with brothers, sisters, nephews, nieces, cousins etc makes a will and excludes those relatives, do they have any claim on the deceased person’s estate?

Are the forms that you can get in stationers to make a will legal?

A bachelor uncle died without making a will five years ago. It came to light that he had a brother, who went to America after the war. The solicitor dealing with the estate has traced some of the brother’s children, who have been asked to provide birth, marriage and death certificates. Only some of these have been sent in. We’re told there’s no time limit for this, but we’re anxious for the estate to be wound up. Can anything be done?

My son borrowed my father’s life savings shortly before he died. My sister and I were each to have received half the money, but my son, who’s currently on benefits, has been unable to pay back the loan. My sister says she wants her share, and the executor won’t wind up the estate until it’s paid back. He says I should be trying to get it from my son. Surely it’s not my responsibility?

Is it still possible to contest a will successfully, and without enormous expense?

Can you tell me how to go about altering my will without the expense of seeing a solicitor? I already have a will drawn up and I only want to change one item.

A cousin has died leaving a large house and grounds, but no will. As far as I know, I and another cousin me are the only living relatives. A solicitor has been appointed to handle the estate. Can I expect the solicitor to contact us, and when? The cousin has already started to clear the house: should these items be listed as part of the estate?

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