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Ask James Mather Your Own Question
James Mather
James Mather,
Category: Family Law
Satisfied Customers: 1390
Experience:  Senior Partner at Berkson Wallace
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My first husband died 28 years ago and we had one daughter

Customer Question

My first husband died 28 years ago and we had one daughter who is now 41.Our house
came to me and I am the sole owner.I remarried 10 years ago and made a will leaving
everything to my daughter.Is it possible to have a Tenants in Common with my daughter
as I understsand it helps with inheritance tax and also if I had to go into a residential home
it would affect the amount they could take. Thankyou in advance.
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
HiThank you for your questionMy name is***** shall do my best to help you but I need some further information firstDid your current husband sign a Pre Nuptial Agreement regarding the property?
Customer: replied 2 years ago.
No, he didn't sign a Pre Nuptial Agreement regarding the property.
Expert:  Clare replied 2 years ago.
Will he agree to the gift to your daughter?
Customer: replied 2 years ago.
As I have made a will leaving the house to my daughter I didn't think this was neccessary, although he always
knew this was my intension.
Expert:  Clare replied 2 years ago.
I am afraid that he has Matrimonial Home Rights on the property and whether in a divorce or in the event of your death he has a clear claim on it - so you will need his agreement if you wish to go ahead with this
Customer: replied 2 years ago.
I was not aware as I thought your wishes in a will were always carried out.
Expert:  Clare replied 2 years ago.
No I am afraid notYour husband could always have challenged the Will on the basis that he had a claim on the property - had he wished to do soWill he agree to your new plan?