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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34233
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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My husband and I are pensioners, and after our marriage in

Customer Question

My husband and I are pensioners, and after our marriage in 2010, went together to the same solicitor to make new wills. I recently discovered that my husband changed his will six months later, reducing my financial legacy from £100,000 to £50,000 and limiting my original right to live in his property if he predeceases me to two years instead of the rest of my life. I have an occupational pension and own a modest tenanted house; he has property and investments amounting to about a million pounds. In order to protect the interests of my children as well as his, I have always paid half of household bills, as well as for holidays and outings, since moving in as his partner in 2008. I run the home, and stock and maintain the vegetable and flower garden, although he helps, especially with the heavy work.
The legacy would have been a useful cushion against the need for care, but I am much more upset about the prospect of having to move out of this community and this house, (which his daughters don't want), in my old age. Is there anything I can do, now or later, to contest this, and do I have any right to do so?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is ***** *****
I will do my best to help you but I need some further information first.
How long have you lived together?
Clare
Customer: replied 2 years ago.

Since March 2008 - six and a half years.

Expert:  Clare replied 2 years ago.
Hi
Have you discussed this with your husband - has he explained his thinking on the matter?
Clare
Customer: replied 2 years ago.

No, I haven't. He was diagnosed with Alzheimers in March and will need to trust me to be his carer, so don't want to rock the boat.

Expert:  Clare replied 2 years ago.
Hi
Did your husband still have mental capacity at the time the second Will was made?
Clare
Customer: replied 2 years ago.

Yes, as far as I know; at the moment he is still able to maintain his independence, but his memory loss and difficulty with processes such as managing the computer is becoming more severe.

Expert:  Clare replied 2 years ago.
Hi
It is unlikely that your husband now has mental capacity to make a new Will
However in the event that he does die before you then you can apply to the court under the Inheritance (Provision for Family and Dependants)Act on the basis that he has not made sufficient provision for you - which is likely at the very ;east to secure you the right to remain in the house as long as you wish - and possibly much more.
Please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you very much Clare, your reply enables me to put the matter out of my head and concentrate on the present. Megan

Expert:  Clare replied 2 years ago.
Hi
Good luck - I hope all goes well
Clare