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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25486
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My Husband is at the moment in the hospic he has three children

Customer Question

My Husband is at the moment in the hospic he has three children from pre marriage,he is the sole owner of our home,he has made a will leaving.the house to me and his money to his children,a few things have happened eg Thay took his car keys without telling me when I needed to move our cars I couldn't find the keys that's when I found out that his son had just taken them , when I went to see my husband I told him I didn't know where his car was he then told me his son and daughter thought it would be safer at his daughters, the thing is I'm worried Thay might talk him into changing his will and leaving our home to them and that would leave me homeless ,he seems to agree with anything Thay say,is there anything I can do.
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

I am very sorry to hear of your husband's condition. May I ask if things remained as they are, would you have enough in terms of capital and income to sustain yourself?

Customer: II still work but could not afford to buy my own place my age would be against me.
Joshua :

Thanks. Your husband can of course change his will but he is required by law under the Inheritance Provision for Family and Dependants Act to provide adequately for you as his spouse.

Joshua :

Accordingly if he changed his will to substantially reduce your entitlement or disinherited you altogether and then passed away you would have a potential claim under the Act. The basis for a decision is not unsimilar to the provision that would be made by the courts in a divorce settlement though is a separate type of claim. The starting point is that you have a potential claim to 50% of his estate but the courts can vary this up or down to ensure that a fair settlement is reached and that fundamentally you are adequately provided for according to your usual lifestyle.

Joshua :

In the hopefully unlikely event that you may have to make such a claim it is crucial that such a claim is made within 6 months of any grant of probate or your claim will not likely be successful.

Customer: Does that mean if he did change his will I could contest it ,his son is the sole executor of the will,I'm not bothered about money I just need to know I will have a roof over my head.thank you I can put my mind to rest now.
Joshua :

Quite. There would be a basis on which to contest any adverse change potentially as above. You could in addition ask your husband to transfer the property ino your joint names so you inherit it automatically irrespective of his will.

Customer: Thank you so much for your help.
Joshua :

A pleasure. If I can assist any further as the situation develops please do no hesitate to let me know.

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with though please reply back to me though.

Joshua and other Law Specialists are ready to help you
Customer: replied 3 years ago.
My husband has a terminal illness which I have kept private for the last twelve months from work colleagues as I still work in the company and he used to before his illness. It has come to my notice that the company have posted on their intranet site that his family are running a marathon to raise funds for the hospice that are caring for him and that he is currently receiving end ofcare from them. As far as I was aware my husband was in the hospice for pain relief. Surely they should have asked me his wife before posting this information in the public domain and in not doing so have causes a gross breach of confidentiality.
Expert:  Joshua replied 3 years ago.
This is slightly outside my field as it trreads on employment law of which I know very little but would recommend my colleague Ben Jones if you have questions in this respect.

Leaving employment law aside, if the company has been communicated the information by a third party then it is not an offence to disclose it unless it was communicated confidentially to them. It would be necessary to ascertain how they learned of the information in order to assess whether it is possible to make a claim against them.
Customer: replied 3 years ago.
My Husband did not give his permission nor did I or his children,his sister and brother inlaw have taken it above themselves to post the diagnoses on the intranet at my place of work,my Husband did not want his diagnoses to be known where he and I work , in my view this is a breach of confidantuality.
Expert:  Joshua replied 3 years ago.
Notwithstanding employment law aspects which may be relevant as above, if your relatives were informed of the diagnosis unfortunately if they have then taken it upon themselves to tell others, whilst this is a breach of trust on a personal level, I cannot readily se any breach of confidentiality legally. The employer could be asked to remove the information from their intranet and respect your husbands wish for privacy