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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34275
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 in 2000 and saw a will paper to a previous girlfriend.

Customer Question

I married in 2000 and saw a will paper to a previous girlfriend. Not sure if that was properly arranged, but my husband said he needs to do another will, but I believe both of us though that I will inherit after him anyway. Now he is deceased as a result of the accident and I do not know what happens next. Does the old girlfriend of 3 months have a right to inherit after my husband on the grounds of that will made before we married?
I would like to have a chance to call you after I had an answer.
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
I am so sorry for your loss.
Any Will made prior to your marriage was revoked when you married so you need have no concern about the Old Will.
The Intestacy laws mean that you inherit all his personal belongings, and the first £250,000 of his estate - more if he has no children.
Please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi Claire, it is a good news, however is there a law reference online where I can read about it? Please advise.

Gordon didn't have children, but I have 2 daughters from my first marriage. I supose they will inherit from me anyway, but we had paid joint mortgage on the property, so we always assumed that I will be ingeriting. I only thought about this will now, once he's gone.

Expert:  Clare replied 2 years ago.
Hi
I hope this puts your mind at rest at this difficult time
Clare
Customer: replied 2 years ago.

Sorry Calire, now thing of my doughters I would like to know what if I make a gift of my house to them in equal parts but then move for whatever reason to another house, will the first gift be lost and the new one will start from scratch for another 7 years? I mean I may be downsizing as I will not have pension, I will only work for 29 years by my 67 years of age. and I am paying 1% in NEST, which is nothing. I also do not have a perm job, I could be temping all my remaining life.

Expert:  Clare replied 2 years ago.
Hi
I am not sure quite what you are asking?
How much is your house worth and what are you hoping to do?
Clare
Customer: replied 2 years ago.

The house is about 200K, if I gift this to my daughters, and then decide to move to a smaller place how will it work? Will it technically be their house from the day I made a gift? who can sell it? will the new house continue to be a gift?

Sorry, cannot explain any better.

Expert:  Clare replied 2 years ago.
Hi
Why do you wish to gift the property to your children at this stage?
Clare
Customer: replied 2 years ago.

I am going to do it when I buy a new place as I am on my own now, I want to move closer to one of my doughters to Kent and want to gift it to both of them and hopefully live for 7 years after that.

Why should I not do it now?

Expert:  Clare replied 2 years ago.
Hi
Why do you wish to gift it to them before you die - what do you wish to achieve?
Clare
Customer: replied 2 years ago.

I want them not to pay inheritance tax, also the rules are chaging in respect of care. I do not want to be in a carehome as such, and I am quite active style person, would not be sitting in front of tele for years before I die, but obviously I do not know what happens with me.

I want to save the house for my 2 daughters, as they do not have any other relatives at all.

Expert:  Clare replied 2 years ago.
Hi
What assets do you have other than the house?
Clare