Road rules0 min ago
Financial details
My husband is a beneficiary in a Will but because the Will is being disputed, he may have to give his financial details and savings details to the Court. Does he have to include any accounts that are in my name only as well?
Can anyone help please?
Can anyone help please?
Answers
Firstly, I do wish that if people don’t really know the answer, they should not guess since some of the answers above are unhelpful and misleading.
From what the OP has said the sister is making a claim under the Inheritance (Provision for Family and Dependants) Act 1975. One of the factors the Court must take into account are the financial needs and...
From what the OP has said the sister is making a claim under the Inheritance (Provision for Family and Dependants) Act 1975. One of the factors the Court must take into account are the financial needs and...
21:52 Sun 05th Feb 2012
My husband's sister is disputing their father's will. Although she is getting the same percentage as my husband, she wants more money as she feels her father has not given her enough financial provision for her maintenance despite the fact that she was never dependent on him financially. I believe she may have ME which may mean she is counted as disabled - I am not sure as she has not been in touch with any of the family for many years. The other beneficiaries may have to give their financial details for the Court to assess whether they need the money which otherwise could be diverted to her. That is why I am asking about the financial assessment.
This is a new one on me. If she is claiming as a dependant, she has only to show that she was dependant and that she is entitled to such sum which justly reflects that dependancy. I can't see why the wealth, or lack of it, of any other beneficiary has anything to do with it, unless he is also claiming a bigger share as a dependant.
If this is a court order then it will be precise in its terms. That you should obey. But are you sure it is a court order, issued by the court ? If it is it will say who ordered it and when: there will be words such as "before His Honour Judge" and "on hearing counsel" and "now, it is ordered that".
Ask the court if and when such order was made, and by whom. Was your husband present at the court when the order was made? Was he represented by solicitor or counsel? What notice did he have that such an order was sought or of what are called Directions which were to be given which included it?
My cynical instinct is that this is the work of her solicitors only, on what lawyers call " a fishing expedition", which is not allowed, that is that no court would order it, but the solicitors are trying their luck. Often solicitors will make it appear that the other side are to do something when there is no court order or direction at all, but they will or might apply for one. i.e. they are trying it on.
If this is a court order then it will be precise in its terms. That you should obey. But are you sure it is a court order, issued by the court ? If it is it will say who ordered it and when: there will be words such as "before His Honour Judge" and "on hearing counsel" and "now, it is ordered that".
Ask the court if and when such order was made, and by whom. Was your husband present at the court when the order was made? Was he represented by solicitor or counsel? What notice did he have that such an order was sought or of what are called Directions which were to be given which included it?
My cynical instinct is that this is the work of her solicitors only, on what lawyers call " a fishing expedition", which is not allowed, that is that no court would order it, but the solicitors are trying their luck. Often solicitors will make it appear that the other side are to do something when there is no court order or direction at all, but they will or might apply for one. i.e. they are trying it on.
Titan77 says that the sister was NOT finacially dependant on the father and had not even bees in touch with the rest of the family for many years.
Therefore the sister does not even have grounds to contest the will , let alone get a court order to find out who is the most 'needy' by disclosing bank details.
If the sister is disabled as you say , she is probably living on benefits, tell her you intend to tell the DWP that she is expecting a large sum of money from a will , so her benefits can be stopped !
The sister looks like a Golddigger who has seen a chance to grab more cash.
Therefore the sister does not even have grounds to contest the will , let alone get a court order to find out who is the most 'needy' by disclosing bank details.
If the sister is disabled as you say , she is probably living on benefits, tell her you intend to tell the DWP that she is expecting a large sum of money from a will , so her benefits can be stopped !
The sister looks like a Golddigger who has seen a chance to grab more cash.
Firstly, I do wish that if people don’t really know the answer, they should not guess since some of the answers above are unhelpful and misleading.
From what the OP has said the sister is making a claim under the Inheritance (Provision for Family and Dependants) Act 1975. One of the factors the Court must take into account are the financial needs and resources of any beneficiaries now and in the foreseeable future (see s3 of the Act). Therefore the OP’s husband’s financial resources should be disclosed to the Court if he wants to mount a “needs based” defence. Those resources may well include the OP’s account too, since ultimately they are a “family unit”.
My advice is to seek the advice of an appropriately qualified lawyer asap.
From what the OP has said the sister is making a claim under the Inheritance (Provision for Family and Dependants) Act 1975. One of the factors the Court must take into account are the financial needs and resources of any beneficiaries now and in the foreseeable future (see s3 of the Act). Therefore the OP’s husband’s financial resources should be disclosed to the Court if he wants to mount a “needs based” defence. Those resources may well include the OP’s account too, since ultimately they are a “family unit”.
My advice is to seek the advice of an appropriately qualified lawyer asap.
Eddie, the sister does not have to been financially dependant on her father. The fact that she is his child is enough to make her eligible to claim. The classes of claimant are: spouse or civil partner; former spouse who has not remarried; child; person who was treated as a child of the marriage to which the deceased was a party; anyone maintained by the deceased; a cohabitee of the deceased.
Remember also Titan, that if YOUR details are included your hubby should include ALL the expenditure in your household - thus all your joint payments/liabilities should also be included. Give as much detail as you can - his income, your income, savings, capital assets, but also include ALL your outgoings, ie mortgage/rent, council tax, insurances, mobile phones, travel expenses, car tax, utility bills,
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