alt.uk.law

On Thu, 27 Sep 2007 20:08:22 +0100, osiris luxor
< @ > wrote:

> my father in law died earlier this year and his estate went to probate
> ,my wife and her brother signed a deed of variation to allow all
> monies etc to pass to my father in law's partner of 4 years and the
> estate was closed
>
> Since then just in the last couple of days we have been informed that
> a insurence company have a acoount in his name and their is a approx
> £15500 pay out on his death
>
> My wife or her brother knew nothing about this account and we don't
> think his partner did either
>
> It also appears that their was a earlier pay out just before he died
> which was the money in his bank account at his time of death which not
> expected to be their and my wife had assumed was the procededs of his
> partners house sale ( she said nothing at the time except that the
> money was hers
>
> My questions are
>
> Is the deed of variation my wife signed allowing all the money to
> pass to his partner when his estate went to probate apply to this
> money as well
>
> and if the money in his bank account (not a joint account) was from a
> earlier insurence pay out and his partner knew this and didn't mention
> this at the time is it possible some sort of fraud has been committed
> because my wife wouldn't have allowed the money to pass to her fathers
> partner
>
> If anybody is kind enough to reply can you keep it simple please not
> to much legal talk

As a result of the Deed of Variation the situation now is exactly as if
your father-in-law had left everything mentioned in that deed to his
partner by Will. Maybe the partner can be persuaded to make a new deed in
respect of some of this newly found wealth to others, but he has no
obligation and previous heirs have disinherited themselves and have lost
all the rights they had before making their Deed.

But this is too important an issue to take free advice from a stranger on
the Internet. Maybe the Deed was more limited or maybe it is defective
and it can be invalidated and voided. Your wife and her brother should
take paid professional advice about this.

Tony