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Kasare
Kasare, Solicitor
Category: Family Law
Satisfied Customers: 204
Experience:  Solicitor, 10 yrs plus experience in civil litigation, employment and family law
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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: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year 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 1 year ago.
No, he didn't sign a Pre Nuptial Agreement regarding the property.
Expert:  Clare replied 1 year ago.
Will he agree to the gift to your daughter?
Customer: replied 1 year 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 1 year 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 1 year ago.
I was not aware as I thought your wishes in a will were always carried out.
Expert:  Clare replied 1 year 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?