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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34272
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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a man dies intestate but has a surviving spouse and 8 children.

Resolved Question:

a man dies intestate but has a surviving spouse and 8 children. he has left a house with only his name on the deed but gave the deed to his wife prior to his death.

what we would like to know is, is the wife entitled to 50% of the property as his wife, and the children the other 50% to share amongst them on the sale of the property?
Submitted: 4 years ago.
Category: Family Law
Expert:  Clare replied 4 years ago.
Hi
Thank you for your question.
My name is XXXXX XXXXX I will do my best to help you but I need some further information first.
How much is the house worth and how long had they lived together?
What is the value of the rest of the assets?
Claire
Customer: replied 4 years ago.

house worth approx £300,000


 


both married over 50 years


 


no other assets

Expert:  Clare replied 4 years ago.
Hi
Is there any dispute between the Widow and the Children?
Claire
Customer: replied 4 years ago.

No, we are merely seeking advice on everybody's rights.

Expert:  Clare replied 4 years ago.
Hi
The Widow is entitled to receive the first £250,000 of the Estate plus a life interest in the income of half the remainder
If the house was sold this would mean the children sharing £25,000 between them immediately - and the other £25,000 between them on the death of the Spouse
However if she wished to the Spouse could also apply under the Inheritance Provision for Family and Dependants Act 1975 for further provision on the basis that half of the house should have been hers anyway given the length of the marriage - and that application would be successful
I hope that this is of assistance - please ask if you need further details
Claire
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