Advice re will

[IanB]

My father died on 10/10/97. My ex-husband (we divorced in 2003) was a beneficiary in his will. He was due to inherit an old 1935 Austin Seven Ruby car which was an restoration project. My mother, who is still living, has had this vehicle in her garage since my father's death. NEVER at any time since my father's death has my ex-husband shown any interest in claiming this inheritance. The divorce was a very bitter one. Now after nearly 11 years he has decided he wants this car/parts and has been harassing both my elderly mother and myself. Clearly we feel he has forfeited any right to this, especially as we are divorced. My mother is absolutely distraught at the thought of my ex-husband having this project. IF he is still entitled to make a claim against my fathers’ estate we feel we should charge him for the storage of this item.
Firstly, does my ex-husband still have a claim to this item and secondly are we within our rights to invoice him for the storage of this vehicle?
Thank you for your help in this matter.

[fisicx]

Sorry to hear about the problem with your ex-husband.

I've been looking for an answer (because it's an interesting issue) but can't find anything that specifically covers time limits. The Limitations Act states that no claims can be made after 12 years but this doesn't really affect you since you are one disputing the will.

What is suggested by just about every site I've visited is for you to get legal advice ASAP as this is a dispute between beneficiaries and if it can't be solved amicibly then the legal process is the only option.

But supposing you do win, what are you going to do with the car? I know your mother is distressed but what is the actual reason for her reluctance to release the vehicle? Did she dispute his claim in 1997 or 2003? Did you request that your ex-husband remove his property in 2003? Have you written to him regarding storage costs? It could be that the lawyers will take the view that since she has not contested the will at any point she cannot now decide now to make a claim without due cause.

There are some legal minded members here who may be able to advise you better (I'm not a lawyer so these are just my opinions).

[OldWelshGuy]

Legal advice is what is needed, but in his defence (sorry), unless you told him to remove the vehicle, he really hasn't done anything wrong in assuming it was OK for it to be there.

get and see a lawyer, BUT. before you get into a dumbass EXPENSIVE war (where only the lawyers win), think coldly and calmlyabout your reasons for refusing him to have it.

You say it distresses your mother that he has the car, but i suggest to you that the distress an expense of STOPPING him from having it might be far worse.

[LimeLegal]

Who was the executor of the will? Unfortunately they have a legal duty to ensure the will is dealt with as per your father's wishes and can be the subject of legal action personally if they fail to carry this out.