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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2738
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My 79 year old fathers wife recently passed away. She was previously

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My 79 year old fathers wife recently passed away. She was previously married and independently wealthy. Her daughter is the single beneficiary to almost 1 million pounds. My dad signed a prenup and is now left with no provision (zero) and is being forced from the his family home by the daughter who wants to sell it (she does not and has not ever lived there)
Can we contest the will (which was written 3 years before my dad and his wife met) or the prenup ? My dad is now effectively penniless (he invetested his small savings into their new life together )
Thanks
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. How long have they been married?
Customer: replied 1 year ago.
4 years
Expert:  Harris replied 1 year ago.
Thank you. Given that there was no provision at all for him in the will, and there is a large estate, he may have grounds to challenge this. The court will take into account:His age.Whether he is responsible for minor children, and its effect on his earning capacity and ability to retrain.His contribution to the family.The length of the relationship and any separation.What he would have received if they had, instead of the death, divorced each other. In relation to a divorce, if they had pursued this then the court will consider the pre-nuptial agreement but English courts do not necessarily bind parties to this as they need to consider their needs at time of divorce.I would say that based on what you have stated he would have good grounds to pursue a challenge to the will and he should seek a local inheritance solicitor to help him. You can find local solicitors here: http://solicitors.lawsociety.org.uk/ If you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2738
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and other Family Law Specialists are ready to help you
Expert:  Clare replied 1 year ago.
HiJust to add to the above.If the Will was made before they met let alone married then the Will is no longer valid in any event.If no Will was made after the marriage - or in contemplation of the marriage - then his wife died intestate and the Intestacy Rules will applyClare

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