On Mon, 12 May 2008 08:28:54 -0700 (PDT), NealR2000
wrote:
>OP here. Yes, I am both the sole executor and the sole beneficiary of
>the estate.
>
>All of the deceased's personal possessions have been retained by the
>girlfriend/partner at her house. I am simply being denied access to
>them. She has made it clear that "his" possessions are "their"
>possessions, even though I am quite familiar with many of the items as
>having been accumulated by the deceased long before their relationship
>began. I've managed to create a reasonably accurate list of these
>items for the purpose of valuation for Probate, and I've advised my
>solicitor that these items cannot be retrieved. These personal
>possessions consist of items that I'm not prepared to mount a leagl
>battle over, and they can remain with her. I am in the process,
>however, of retrieving external assets, such as bank accounts and
>insurance death benefits. These items were strictly in his name only,
>and the insurance benefit is payable in accordance with the Will (i.e.
>to me).
>
>I am certainly not going to formally ask her to let me have a list of
>things she believes she is entitled to. This would be creating the
>impression that she in fact is entitled to a portion of the estate.
>If she wants to make a formal claim, then I'll deal with that when it
>comes.
IANAL
If you are willing to let her retain all the goods of the estate, the
issue seems straightforward to me.
Simply go for probate, which should be straightforward as there is a
Will that names you as the executor and sole beneficiary. That will
only get complicated if she were to contest the Will before you obtain
the probate - cross that bridge if it happens. The probate office is
very helpful and you should not need a solicitor unless she contests
it.
With the probate document you will as executor be able and legally
entitled to transfer all funds from the deceased's bank account into
your account as you are the sole beneficiary. You also have a duty to
pay any outstanding amounts that he owed (council tax etc.) from those
funds.
You can then simply wait & see whether the girlfriend takes action to
lay claim to any of that money - it is she who will have to start
formal action. If she asks you to give her a share, simply state that
the executor has distributed the estate in accordance with the Will
and that the Will did not make provision for her.
If and when she makes application to a Court to get her hands on any
money you can think about whether you want to settle out of court or
get solicitors involved in contesting the matter. You could point out
that in the event that her case fails, she will be responsible for
paying all legal costs.
--
Cynic
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