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Senior Partner
Senior Partner, Solicitor
Category: Law
Satisfied Customers: 13323
Experience:  Solicitor with more than 30 years experience
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my husband was killed in an RTA 1 month ago, we had been split

Customer Question

my husband was killed in an RTA 1 month ago, we had been split up for 6 months because of his violence, but we were still talking and him begging me to go back, in his will it states that I could live in the marital home for as long as I needed it it would be paid for and I would just pay the bills, then upon my death or me no longer wanting to live there the property would go to his daughter who at the moment is 9.
I don't really want to live in the house it is far to big and very lonely, would I be able to claim anything from the estate.
Many thanks

Julie Dennis XXXXXXXXXXX
Submitted: 2 years ago.
Category: Law
Expert:  Senior Partner replied 2 years ago.
Hi . what happens to the rest of the estate? Who are the trustees? were you economically dependent upon him?
Customer: replied 2 years ago.

The rest of the estate will be split between his niece nephew and of course his daughter, his Dad is the Trustee, I am next of kin, I was not dependent upon him, whilst with him I paid half of bills etc and always paid for food, around £1000 per month.

Expert:  Senior Partner replied 2 years ago.
Ok Thanks. In those circumstances you either have to agree with the trustees to vary the terms of the settlement or possible to sell the existing house and replace it with something more suitable . Often there is provision in the will to do that but if not they could agree. Alternatively you could try and negotiate a pay out form the estate. The difficulty if the other beneficiary is a minor is that you would really need court approval of any variation of the terms of the will because she cannot be bound without court approval.

Obviously your right to reside in the house has a value and there is no reason in theory why some sensible alternative cannot be agreed.

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