Harry’s father died two years ago intestate, leaving a very valuable house in one of the major

cities.

Harry applied for letters of Administration.

The father had lived with his girlfriend in that house for many, many years. She is

independently wealthy.

There is a huge mortgage on the property and the bank have told Harry that as administrator,

he is responsible for selling the property and paying out the bank.

He would like to do that, but the girlfriend is now claiming part ownership of the house, and

also considering challenging the intestacy saying it is unfair that she has not received

anything.

Because of the competing claims Harry does not know what to do. His brother and sister

want their inheritance quickly.

Harry has decided that the best thing to do is to try to settle the girlfriend’s claim against the

house, and to arrange for the bank to wait until this has been dealt with. The bank can then

wait for him to sell the property and then pay them out.

It is better for him to try and manage this process rather than leave it for the bank to appoint

its own lawyers to sell up the property, and then fight things with the girlfriend, which would

considerably add to cost.

—

Comments by Terry Johansson, Specialist Wills and Estates Lawyer, CWPL

Harry needs advice on how best to juggle things, and how to properly administer the estate.

Whether the girlfriend will succeed in contesting the intestacy, depends upon whether she can

establish that they had lived together. The process is similar to contesting a Will

00683.6/CQ/YOR/20121537/C/XXX/-/MAR/SZ/3/16