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    • Thank you very much for your letter in regard to the above mentioned shipment.  Due to the high volume of parcels coursing through the courier network each day, undergoing continuous processing and handling, certain packages may experience delays or even can get lost in the course of this journey. Please note that due to the time that has passed, this shipment has been declared as lost.  I have today processed the claim and made offers to the value of £75 as a goodwill gesture without prejudice. I do acknowledge that you have mentioned in your letter that the value was higher, however, you did not take out any protection to that amount. The protection for this shipment was £20 and we will not be increasing our goodwill offer any further.    Please log into your account online in order to accept our offer. Once accepted, our accounts department will process the claim accordingly. The claim payment will be processed and received within 7 working days.                                  In addition, a refund of the carriage fee will be processed as a separate payment and will be received within 3 working days.  If I can further assist, please feel free to contact me.   I have also just noticed that yesterday afternoon they sent me an email stating that "after my request" they have refunded the cost of shipping. I did not request the refund so will mention that in my letter as well.
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    • Often with the Likes of Lowells/ Overdales that 'proof' doesn't stand up to scrutiny.   Think about it like a game of poker, they want to intimidate you into folding and giving up as soon as possible, and just get you to pay up and roll over, that is their business model, make you think your cards are rubbish. What they don't expect, and their business isn't set up for it, is for a defendant to find this place and to learn that they have an amazing set of cards to play. Overdales don't have an infinite number of lawyers, paralegals etc, and the time / money to spend on expensive court cases, that they are highly likely to lose, hence how hard they will try to get you to roll over.  Even to the extent of faking documents, which they need to do because the debts that they purchased were so cheap, in the first place. Nevertheless it works in most cases, most people chicken out, when they are so close to winning, and a holding defence is like slowly showing Overdales your first card, and a marker of intention that this could get tricky for them. In fact it may be,  although by no means guaranteed that it won't even go any further than that.  Even if it does, what they send you back will almost certainly have more holes than Swiss Cheese, and if with the help you receive here, you can identify those weaknesses and get the whole thing tossed in the bin.
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Will/Probate


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Hi all,

A sticky/tricky situation I have which requires your clever minds for advice.

My father recently passed away (1/5/14), and I believe he has made a will, according to my younger sister. My sister has told me that herself and my fathers' wife are named in the will although I do not have any proof of this and also have no reason to believe otherwise.

The thing is, prior to his death, my father had expressed his wishes that he would like to leave money to his five children (including myself). This money is what is left after he received compensation for contracting mesothelioma (asbestos cancer).

My fathers' wife had encouraged him to withdraw money over a period of time and he kept £30,000 at home in a shoe box so his wife would not have to pay rent on their flat when he passed away.

She also persuaded him to transfer money to her account from his and also to open a joint account.

He has left jewellery including a £10,000 Rolex watch and also a £5,000 ring, amongst other things.

My question is this; do I and my siblings have any right to his belongings. My younger sister has said that his belongings automatically pass to his wife and when she dies, what is left, passes to my younger sister and my fathers' wife's daughter?

I do not think it is right for her daughter to gain financially from my father's death as this is not money or possessions they had acrrued together, it is from an unfortunate situation.

Any advice would be truly appreciated. Thank you for your time

Mark

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It would depend entirely on what is written in the will.

 

If there is no will then on a very basic level all personal belongings and the first £250k of the estate would pass to the wife; the remainder would pass to the children in equal shares but the wife would get a 'life interest' in that.

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Thank you for your reply steampowered.

 

Because there is £30,000 cash sat in his flat, is this to be declared to HMRC or any other related body because as i see it, this is kind of illegal money.

 

How would i find out what is in the will and if there is one at all?

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Why do you think its illegal, if the whole estate is under £250,000 and there is not a Will, it would pass to the Wife anyway. If there is a Will naming the wife, again it would pass to the wife. Nothing illegal there.

 

If you ignore the £250,000 limit for now, this is how it goes. If there is no Will, everything passes to the wife (if under £250,0000). This includes all personal possessions. If you are not named on the Will, you are not legally entitled to personal possessions.This may seem unfair on the children of the deceased's former marriage, but thats what the law states. On her death, her estate would pass to who ever she named in her Will. If no Will, it would pass to her children and you would be entitled to nothing..

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Illegal in that my father's wife persuaded him to withdraw the cash over a period of time so she wouldn't have to pay rent on their flat after he passed away. Before his illness, as pensioners, they were entitled to a reduction in rent but because my father had the compensation and illness related benefits, they had to pay full rent. My father's benefit now obviously stops and if the £30,000 was in an account, this would put her over the savings threshold thus making her liable for full rent.

How do I find out if there is actually a will and what is in it, if anything.

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You could report her to housing benefit, but what would that achieve if there's a Will naming her. She will still be entitled to everything.

 

Back to the Wills existence.

 

- ask your sister for a copy. If she is unwilling, ask for executor details and contact them.

- check with his bank as they sometimes store copies (although if your not an executor they may not be helpful)

- check with his solicitor. If they have the Will they have a duty to tell the executor that they should distribute according to the Will. If you are a named in the Will, you are entitled to a copy.

- contact York probate sub registry office. For a £5 fee, if there is a copy registered they will provide one. You can also do a standing search so that when private is granted, you receive a copy

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Your father got married and as his wife is entitled to ALL that has been left and if they have been frugal to keep cash, then good luck.

That's just the way it works. In the absence of any will to the contrary then it will be up to the wife if she wants to give anything to his children. ( you can always ask for something, cash or goods as a gift. )

I would presume she is the one who has lodged the death certificate and claim form with the probate office for letters of administration, to get access to any bank accounts, insurances etc.

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Also if any accounts are in joint names, they will automatically pass to his widow anyway (subject to IHT if applicable).

 

By all means check if there's a will and go from there, but as I've said if it only names his widow then she gets everything and its up to her who she leaves it to when she dies. If she doesn't leave a will her estate goes to her children.

 

Also if your fathers widow dies before your fathers probate is carried out, everything would form part of her estate and go to her children (assuming dad and widow didn't leave a will).

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Thank you for your reply steampowered.

 

Because there is £30,000 cash sat in his flat, is this to be declared to HMRC or any other related body because as i see it, this is kind of illegal money.

 

How would i find out what is in the will and if there is one at all?

 

I know nothing about probate law, sorry, but just to be clear - it is not legal to claim Housing Benefit while having £30 grand stashed under the mattress. This money must be declared to the local authority when the claim is made.

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The poster doesnt know that the widow will try to claim housing benefit. I think it may appear that its a case of her being annoyed shes got her dads money so is trying to make life difficult for her. Like I've said, she should check for a Will. If it turns out that everything goes to the widow then that's the end of it. Stirring trouble will just split the family in two so what's the point.

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The poster doesnt know that the widow will try to claim housing benefit. I think it may appear that its a case of her being annoyed shes got her dads money so is trying to make life difficult for her. Like I've said, she should check for a Will. If it turns out that everything goes to the widow then that's the end of it. Stirring trouble will just split the family in two so what's the point.

 

Sure, yes. Just pointing out the legalities of the situation.

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