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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34106
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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HelloI'm currently separated from my wife, she has

Customer Question


I'm currently separated from my wife, she has instructed her solicitor to act on her behalf to issue a severance to make us equal tenants in our jointly owned house she wishes to change her will to leave her half to the children not an issue, however my question is can i have written into her WILL as well as mine the following points
(1) on either death the property shall be sold and the proceeds be divided 50/50 as WILLED
(2) The contents of my WILL leaving to whom i name shall not be contested by my wife children and or any member of either family
(3) I shall not contest the wishes of my wife's WILL or any member of either family how should i procead
Kind Regards
John
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.

Thank you question.
My name is ***** ***** I will do my best to help you
I am afraid that you cannot have anything written into her Will at all
These are however issues which will be dealt with within the financial side of any divorce and could be reflected in any final court order
Please ask if you need further details
Clare
Customer: replied 2 years ago.

Clare

Not rarely the answer i was looking then they never are perhaps i should rephrase the question, I did not mention Divorce as this is out of the question as far as my wife is concerned,

Also if her solicitors cannot serve the papers on me as im out of the country (UK) then can they still proceed with to sever the current joint WILL which leaves the property to the surviving partner

CAN my WIFE have written into her WILL

(1) on either death the property shall be sold and the proceeds be divided 50/50 as WILLED
(2) The contents of my WILL leaving to whom i name shall not be contested by my wife

Kind Regards

Expert:  Clare replied 2 years ago.

The Beneficial Joint Tenancy relating to the property will be severed provided the paperwork is sent to your address
Your wife is free to make a new Will whenever she wishes - it will be her Will and relate to her assets - including her share of the property.
She cannot make any provision as to what should happen on your death
Clare
Customer: replied 2 years ago.

Again thanks Clare advice

Its difficult being out of country and dealing with this kind of situation,

I only want whats best and have no interest in standing in the way of my wife wishes just to protect my rights,

So reading what you have written looks like i need to employ the services of a solicitor to protect my rights would you agree

Finally my wife is free to make a new will that will take precedent over our joint signed will ?

Kind Regards

Expert:  Clare replied 2 years ago.

May I ask what rights you wish to protect at this stage - given that there is not likely to be a divorce?
Clare