Home & Garden0 min ago
How long has my fathers companion got to contest his will.
My father passed away in February 2011 after being in care for just under 2 years with dementia.
He had a lady friend as a companion in the day for about 6 months until early 2008 when I retired.
We lived in the same address.
I had inherited half of the house from my mother who passed away in 2005.
The lady demanded I left as soon as I retired but my father said to her in very strong terms I was not leaving and she left.
Unfortunately my father started going down with dementia about 6 months later and became unmanageable after another 6 months when he had to go into care.
The day after he passed away the woman came around demanding the house but I never took the chain off the door and I got 2 subsequent solicitors letters. I got my solicitor to reply and I did not hear any more.
Probate came through in May and the house was transferred into my name.
I was advised by my solicitor that normally a person only has 6 months to contest a will from probate being granted but in some circumstances the court may allow them to contest the will after the 6 months have expired.
Unfortunately the solicitor I used passed away very suddenly between Christmas and the new year.
I am just wandering if any user of this site has ever known anybody to contest a will after this length of time.
The house needs repairs costing about £5,000 and I do not want to spend this money if there is still a chance I will have to give up the house.
I visited Dad every day at the home except for the 3 days I was in hospital.
This woman was so interested in my father she never visited him and the home could confirm this as they kept a record of visits.
Sheila
He had a lady friend as a companion in the day for about 6 months until early 2008 when I retired.
We lived in the same address.
I had inherited half of the house from my mother who passed away in 2005.
The lady demanded I left as soon as I retired but my father said to her in very strong terms I was not leaving and she left.
Unfortunately my father started going down with dementia about 6 months later and became unmanageable after another 6 months when he had to go into care.
The day after he passed away the woman came around demanding the house but I never took the chain off the door and I got 2 subsequent solicitors letters. I got my solicitor to reply and I did not hear any more.
Probate came through in May and the house was transferred into my name.
I was advised by my solicitor that normally a person only has 6 months to contest a will from probate being granted but in some circumstances the court may allow them to contest the will after the 6 months have expired.
Unfortunately the solicitor I used passed away very suddenly between Christmas and the new year.
I am just wandering if any user of this site has ever known anybody to contest a will after this length of time.
The house needs repairs costing about £5,000 and I do not want to spend this money if there is still a chance I will have to give up the house.
I visited Dad every day at the home except for the 3 days I was in hospital.
This woman was so interested in my father she never visited him and the home could confirm this as they kept a record of visits.
Sheila
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If you inherited half of the house from your mother then there is no way this woman could demand you leave the house, half of it was yours when your father was still alive!
I also don't think that she has a cat in hells chance of contesting the will but I'm sure someone who knows with more certainty will be along soon.
I also don't think that she has a cat in hells chance of contesting the will but I'm sure someone who knows with more certainty will be along soon.
1. You owned half the house anyway, so there's no possibility you could lose all of it.
2. I assume the other half was left to you in your father's will.
3. If this woman (who seems a right b**ch from what you say) thinks she has any right to any part of the estate she will have to make a case based on her dependency on your father. You say she was a companion "in the day" for about 6 months. Does that mean she never actually lived there? - it is not clear because you also say "we lived in the same address".
4. If she was only there for 6 months I would think (even if she was living there) she would find making a valid claim impossible unless she has proof that she spent money on things like the mortgage. Even then, it could easily be argued that she was simply paying what amounted to rent for her accommodation.
5. If you are still concerned, you may need to consult another solicitor.
2. I assume the other half was left to you in your father's will.
3. If this woman (who seems a right b**ch from what you say) thinks she has any right to any part of the estate she will have to make a case based on her dependency on your father. You say she was a companion "in the day" for about 6 months. Does that mean she never actually lived there? - it is not clear because you also say "we lived in the same address".
4. If she was only there for 6 months I would think (even if she was living there) she would find making a valid claim impossible unless she has proof that she spent money on things like the mortgage. Even then, it could easily be argued that she was simply paying what amounted to rent for her accommodation.
5. If you are still concerned, you may need to consult another solicitor.
Hi themas.
The other half of the house was left to me in my father's will.
She did not live at the house. My father and myself did as joint owners.
Oddly enough when I was still at work some of the neighbours thought she was my mother and I just lived there.
This is understandable as they came into the road late in 2007 / 2008.
She has her own house about 2 miles away built by the same builders as ours and the same size. The only real difference is her's is a semi where as ours is detached.
With regard to dependency on my father my father told me after he had been left with the bill for 3 restaurant meals the week before they split up for herself and he 4 grandchildren which was on his credit card. I saw the statement.
My salary / pension was a lot higher than his and without my income he could have not kept the house going never mind pay for that woman in the long term.
He did pay his credit card off before any interest was due but I would have if he could not pay as we wanted nothing do to with her.
Sheila
The other half of the house was left to me in my father's will.
She did not live at the house. My father and myself did as joint owners.
Oddly enough when I was still at work some of the neighbours thought she was my mother and I just lived there.
This is understandable as they came into the road late in 2007 / 2008.
She has her own house about 2 miles away built by the same builders as ours and the same size. The only real difference is her's is a semi where as ours is detached.
With regard to dependency on my father my father told me after he had been left with the bill for 3 restaurant meals the week before they split up for herself and he 4 grandchildren which was on his credit card. I saw the statement.
My salary / pension was a lot higher than his and without my income he could have not kept the house going never mind pay for that woman in the long term.
He did pay his credit card off before any interest was due but I would have if he could not pay as we wanted nothing do to with her.
Sheila
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I am beginning to bang my head against a brick wall because I have lost count of the number of times I have answered the same question.
Sounds to me as if the woman can only claim under the Inheritance (Provision for Family and Dependants) Act 1975. She will need to fall into one of the following categories:-
spouse
former spouse who has not remarried
child
treated as a child of the marriage to which the deceased was a party
dependant (namely for the two years ending with the deceased's death the claimant was receiving a contribution in money or moneys worth towards his maintenance.
co-habitee - that the claimant was living with the deceased as the husband, wife or civil partner of the deceased for the two years ending with the deceased's death.
None of these apply. Ergo no claim.
They have to issue the claim (ie file it with the court office) within 6 months from the grant but have a further 4 months in which to serve the calim.
Sounds to me as if the woman can only claim under the Inheritance (Provision for Family and Dependants) Act 1975. She will need to fall into one of the following categories:-
spouse
former spouse who has not remarried
child
treated as a child of the marriage to which the deceased was a party
dependant (namely for the two years ending with the deceased's death the claimant was receiving a contribution in money or moneys worth towards his maintenance.
co-habitee - that the claimant was living with the deceased as the husband, wife or civil partner of the deceased for the two years ending with the deceased's death.
None of these apply. Ergo no claim.
They have to issue the claim (ie file it with the court office) within 6 months from the grant but have a further 4 months in which to serve the calim.
Thank you for your answers.
I will get the repairs done.
I did spend a lot of money on the house between 2005 and 2008 ( rewire, new porch, new bathroom, some new carpets and a block paved drive.
A lot of the furniture came from my house as we kept the best so there is a lot of money I earned in that house.
I am surprised that the solicitor did not mention the (Provision for Family and Dependants) Act 1975.
It is good that almost everybody in the close knew she left in 2008 so she can not say she was a co-habitee and also the staff in the home knows she never visited.
CheekyChops
It could have caused problems if Dad had willed half of the house to her. Either I would have had to purchase her half or she would have purchased my half but there could have been disputes about the amount I had spent on the property.
Also I spent a lot of Money on Dad as I wanted him to enjoy the same standard of living as me.
You may be surprised that a lot of people in the area think she should have the house.
Nobody seems to think about the fact I am now 62 and unlikely to be able to get another job and I want to be able to enjoy my retirement years.
Sheila
I will get the repairs done.
I did spend a lot of money on the house between 2005 and 2008 ( rewire, new porch, new bathroom, some new carpets and a block paved drive.
A lot of the furniture came from my house as we kept the best so there is a lot of money I earned in that house.
I am surprised that the solicitor did not mention the (Provision for Family and Dependants) Act 1975.
It is good that almost everybody in the close knew she left in 2008 so she can not say she was a co-habitee and also the staff in the home knows she never visited.
CheekyChops
It could have caused problems if Dad had willed half of the house to her. Either I would have had to purchase her half or she would have purchased my half but there could have been disputes about the amount I had spent on the property.
Also I spent a lot of Money on Dad as I wanted him to enjoy the same standard of living as me.
You may be surprised that a lot of people in the area think she should have the house.
Nobody seems to think about the fact I am now 62 and unlikely to be able to get another job and I want to be able to enjoy my retirement years.
Sheila
There is NO chance that this woman can get any share of the house at all.
What is becoming very clear to me , not just from AB , is that there is a very widely held view by elderly ladies that if they can find a widowed , single or divorced man with his own house all they have to do is become his 'partner' for a few months and they get the house.
As I have said before know several cases from my personal expierience and have seen dozens on AB.
What is becoming very clear to me , not just from AB , is that there is a very widely held view by elderly ladies that if they can find a widowed , single or divorced man with his own house all they have to do is become his 'partner' for a few months and they get the house.
As I have said before know several cases from my personal expierience and have seen dozens on AB.
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