Will & Probate Help

[will_probate_help_needed]

My father had two marriages. The first family is the UK and second is in Pakistan. I'm his successor from the second family and British Citizen by Descent so as my whole family. When my father died(back in 1991) we got nothing out of his estate. He had businesses which worth fortune but where it all gone I've no idea. I managed to get hold of estate's copy. This depicts that my father had no Will and the total worth of the assets at the time of death is Net: 125,000 rest all is declared as debt. My father's first family is still running some of those businesses under the same name which worth fortune.

 

I've two major concerns:

 

As a second family, we got nothing. Do we qualify for any share in my father's estate?

 

How accurate is the estate's worth. Should we not be consulted when the estate was prepared?

[cerberusalert]

Moved to General Knowledge Forum

[Aequitas]

What follows assumes that your father died domiciled in England and Wales.

 

On the one hand the Limitation Act 1980 says that no action can be brought against the estate of a deceased person after 12 years, but on the other that there is no time limit where there is a fraudulent breach of trust.

 

My first observation is that even if fraud is involved it is very difficult to prove.

 

My second observation is that from a practical point of view you are going to have difficulty proving anything after a lapse of nearly 20 years.

[will_probate_help_needed]

I had initial proceeding back in 2000 before the lapsed period of 12 years. But this didn't go beyond the preliminary stages. Later my solicitors stopped dealing in estate matters. So this got no where at the time. My sister also rekindle the case back in 2004/05. But again this didn't get anywhere cos of greedy solicitor at our side. I've also checked the company's record the company was closed in 2006 and reopened in the same year but this time with the same title but different registration number.

 

Now it's 2010 and I'm seriously thinking about this again and there're many reasons for it.

 

1-I've one disputed property in Pakistan as well. We currently have the custody of it. Since it's disputed I cannot make any investment on it. I neither want to go to them for its resolution. I rather would like to make some arrangements in exchange of share from here or something.

 

2-My family still feel we were left out and we should at-least have a right to know whether we did have anything out of my father's estate. My family has been through a lot with them even in Pakistan.

[nomcat]

Hi there,

 

I think before you can decide what to do you need to get legal help, there are many probate companies in the UK including ITC legal services that have the experience to help you build a case.

 

I hope this helps you get what you deserve

[labrat]

be wary of any posts that recommend companys especcially from low post count people ive reported the above post for the mods to decide