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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1093
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My friends husband died recently and we believe the estate

Resolved Question:

My friends husband died recently and we believe the estate was left to his three children,two adults from a previous marriage and one child from his marriage to my friend.Their daughter is about 6 years of age and they have been married about the same time.My friend is nor British but her daughter is.The older children wish to sell but the portion of the estate (house) is I believe in trust to the child.
My question is ,does my friend have to vacate the house?she has no income to support the child and is she able to use the trust to generate funds to pay for her and her daughter ?
Finally does she have any spouse rights over the marital home?
Regards
Pat
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
I am a Solicitor and will try and assist you.
Please may I ask:
- do you know if the will was made before they got married or after their marriage?
- do you think that the will makes no provision at all for the wife?
- were they still married when he passed?
Kind Regards
Caroline
Customer: replied 1 year ago.
Will made after marriage and a second will made to ensure she had no problem looking after child but not signed.The will as far as we know makes no provision for wife but we are unable to see will and trustees are the two adult children from earlier marriagestill married when he died two weeks ago and living together
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Just to clarify - it was a will made after they were married - that was signed by the husband and it makes no provision at all for your friend, his wife?
Kind Regards
Caroline
Customer: replied 1 year ago.
Yes that is correct,estate left to three children equally we believe.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for confirming that for me.
Your friend, the wife, should ask for a copy of the will from the Personal Representatives (those dealing with the estate).
The Law provides for married spouses to be able to make a claim under the Inheritance (provision for family and dependents) Act 1975 if no provision is made for them.
The courts have a wide discretion to distribute the assets to be able to provide for the wife under a will where she has been excluded.
The court often follows awards on the basis of what the wife would have received if the had divorced. If they had divorced then the generalised start for divorce is that the assets are divided equally. The court can make a wide variety of orders including a lump sum order or property transfer order. The court also has the power to make interim orders if there is a need.
Mediation can assist to try and agree the settlement that your friend should receive to try and resolve matters without the need to court. If matters cant be agreed at mediation then your friend needs to make an application to the court.
The wife needs to act quickly as she would have to make this type of claim within 6 months of the grant of probate being granted to the personal representatives.
Please do not hesitate to ask if I can clarify anything for you.
Kind Regards
Caroline
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