Pal is being left out over late wife's will

A FRIEND was married for 26 years but he was back and forward.

Loading Comments
Share
Print

His wife passed away two weeks ago.

Her daughters organised the funeral and kind of cut him out. He is thinking of overturning the will as there was a house which is bought and he contributed to. But the house and money side of things is in the deceased wife's previous married name, though she was using his name for other things and was buried with his name.

The daughters are not letting him know anything about the estate.

l The fact your friend and his wife didn't always live together does not defeat his rights, if any, to the estate. Likewise, the actual name used on documents is not relevant. It's more of a problem if the house was solely in the wife's name and the husband was not named on the deeds.

We don't know what is in the will, but if the house is willed to the girls, then the husband has no claim on it. He does, though, have a claim as spouse for a share of savings, investments or insurance even if not mentioned in the will.

We must assume the girls are executors of the will, but he is still entitled to claim a share. It is unlikely he will be able to overturn the will, though. He needs detailed legal advice.

MY father is in a care home. We are a family of six children of my father and late mother, and I feel as if I am being left out of the loop.

My father had a heart attack in the home, a mild one, though worrying enough, but I was never told.

I complained but the home say they are not obliged to call me with this kind of news. They say my brother is next-of-kin, but surely all children are equal?

l Children are equal in law, but it is not practical for a home to keep in contact with everyone. In this case next-of-kin is the person nominated by your father as the one to be kept in touch.

Indeed, better if that person also has a power of attorney granted by your father if he is still of sound enough mind. It is then a family matter, not a legal one, as to how the chosen child passes information round the family.

MY mother is a tenant. After a three-year fight, she got a new kitchen. While doing the kitchen a workman broke her cooker. An inspector came to assess the damage and told her to claim for a new one, which she did. She borrowed £200 from a friend for a new cooker and two months later she was offered £75, but because she owes council tax they want to put the money towards that. Are they within their rights to do this?

l Not in terms of the claim. Council tax has no bearing on the settlement of that legal matter. However, if the factor/landlord is the agent for the council in respect of council tax, they may be able to set-off the money coming in against debt, in this case council tax.

Ask for a copy of the factoring agreement and/or check your lease before agreeing - or challenging - anything. Also contact the Citizens Advice Bureau.

Local government

Commenting & Moderation

We moderate all comments on Evening Times on either a pre-moderated or post-moderated basis. If you're a relatively new user then your comments will be reviewed before publication and if we know you well and trust you then your comments will be subject to moderation only if other users or the moderators believe you've broken the rules

Moderation is undertaken full-time 9am-6pm on weekdays, and on a part-time basis outwith those hours. Please be patient if your posts are not approved instantly.

168391

Have you got a story?

Contact the news desk on 0141 302 6520 or email news@eveningtimes.co.uk
Games news:

Sussed in the city

Michelle McManus

Let's restore the South Side to its former glory

Times Out

Entertainment

Lifestyle

TV Advert
Gail’s Gab

Gail’s Gab

Gail Sheridan is a mother-of-one and wife to Tommy and she likes to get political with the hot topic of the week in her column Gail’s Gab.

Janice Bell

Janice Bell

You Couldn't Make This Up

The art of keeping fit with breakfast in bed

Cat’s Eyes on Glasgow

Cat’s Eyes on Glasgow

Cat Cubie’s job is to find and share with you the fabulous things the city has to offer, from gigs to gastro.