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Thomas
Thomas, Solicitor
Category: Family Law
Satisfied Customers: 7617
Experience:  UK solicitor
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I currently own my home which is in my sole name. Can I leave

Resolved Question:

I currently own my home which is in my sole name. Can I leave this house to my children from my previous marriage and exclude my current wife?
Submitted: 3 years ago.
Category: Family Law
Expert:  Thomas replied 3 years ago.

Hi

Thank you for your question and patience, I’m Tom and I’ll try to help you.

There is nothing in law preventing you from leaving your property to your children and not to your wife, however there is legislation which may entitle your wife to make a claim against the estate before the house passes to the children.

If you exclude your wife and she is not minded to make a claim then nothing would happen and your children would inherit it on their own.

If your wife was minded to attempt to make a claim then she would make a claim against the estate under the Inheritance (Provision for Family and Dependent) Act 1976. She must make the application within 6 months of the date of the grant of probate in the estate and would need a solicitor to do it for her.

The Court will consider what is a "reasonable financial provision" for her and will take a number of factors in to account in determining what is fair (eg. size of the estate, other claims, resources and needs of other family members/dependants, responsibilities the deceased had to you), each case turns on it's own facts and there are no hard and fast rules to work out what you are entitled to.

Basically though, if your wife is financially dependent upon you to any extent prior to death then it’s probably she would be able to make a claim on your estate. Certainly your children would not be completely excluded though, definitely not.


My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.


Kind regards,


Tom
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