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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1096
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I am going through a divorce which has not yet reached the

Resolved Question:

I am going through a divorce which has not yet reached the courts. However my wife died yesterday from alcohol related hepatitus and I have now found that her lodger has been given power of attorney and also says he is her beneficiary in her will. What is my position now in regards ***** ***** house and debts jointly owed?
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
I am a Solicitor and will assist you.
Please may I ask:
- that decree absolute has not yet been obtained?
- does your wife's will provide for you?
- do you hold any joint accounts with your wife?
- in respect of the home - please can you confirm:
- whose name is ***** *****?
- if in both names - are you joint tenants or tenants in common?
Kind Regards
Caroline
Customer: replied 1 year ago.
Hi Caroline.
The decree absolute has not been obtained.
I have been told [by the Lodger] that my wife recently changed her Will in favour of her "lodger".
There are joint accounts with my wife but we also have other individual accounts.
The house is in our joint names and is security on a looan. We lived there together up until 5 months ago.
Hope this helps
Michael
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Michael
Thank you for your response.
Specifically in relation to your house. Do you know if you are Joint Tenants (own property equally) or if you are Tenants in Common (own property in separate shares) ?
Kind Regards
Caroline
Customer: replied 1 year ago.
Hi. We are joint Tenants. Regards Michael
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Michael
Thank you for confirming that for me.
In respect of the property and any joint accounts - these are not included in any will. As Joint Tenants - the right of survivorship applies - which means all of the benefit passes to you automatically.
In respect of any additional items that your wife may have in her sole name - if the will does state that these are to go to the Lodger then you could challenge this under the Inheritance (Provision for Family and Dependants) Act - on the grounds that you have not been reasonably been provided for.
Please do not hesitate to ask if I can clarify anything for you.
Kind Regards
Caroline
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