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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?
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.
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.
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.
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.
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