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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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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I married two years ago and have an 18 year old son from a

Resolved Question:

I married two years ago and have an 18 year old son from a previous relationship. I bought my property long before I met my husband, and it is in my name only. Is it possible to leave the property to my son rather than my husband in the event of my death?

Thank you.
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 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.
What other assets are there and what would your husband do in the event of your death?
Clare
Customer: replied 3 years ago.

Hi Clare


 


There are no other assets at present.


 


I'm not sure what my husband would do in the event of my death, but he is very irresponsible with money and has alcohol issues.


My fear is he will sell the property and spend the proceeds leaving my son nothing.


Ideally, I wouldn't want my husband homeless in the event of my death as the property went straight to my son, but at the same time, want to protect the property until the death of my husband if I wasn't around. I'm not sure how I'd do this though, or even if it's possible.


The property is in my name only at present.


Kind Regards


 


Lesley

Expert:  Clare replied 3 years ago.
Hi
Your husband has Matrimonial Home Rights on the property - and if your Will makes no financial provision for him then he will be able to challenge this through the courts
So whilst you can do what you plan in your Will you MUST also give thought to and make provision for your husband.
It would be sensible to seek face to face advice on making the will from a local Estate Law Solicitor
I hope that this is of assistance please ask if you need further details
Clare
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