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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1188
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My father is quite wealthy, my mother died and he still lives

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My father is quite wealthy, my mother died and he still lives in their marital home, which is now mortgage free. His girlfriend lives there with him. She doesn't pay any bills, and other than groceries doesn't pay into the house. She is still married to someone else, and still has part ownership in their marital home. What rights does she have over my family home if my father passed away before she does?
Submitted: 2 years ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 2 years ago.
Hello
Thank you for your question - I am a family solicitor and can help.
Your Dad's Girlfriend can inherit if you Dad Wills something to her.
If your Dad didn't will something to her then she could try and make a claim under The Inheritance (provision for family and dependants) Act 1975. She would argue that your dad hasn't made reasonable provision for her. They would have had to have been living together two years to make such a claim. A claim would have to be made within 6 months.
Otherwise she could try a Trust of Land Act claim. For this type of claim she has to prove that she has contributed towards your fathers mortgage payments or increased the value of the house through renovation / redecoration.
So technically her arguing that she hasn't been reasonably provided for under the Inheritance Act 1975 would be her best shot. This however is a possible claim that she has and not an automatic right.
Kind regards
Caroline
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