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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26070
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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If my husband dies first, he wants to will half our savings

Resolved Question:

If my husband dies first, he wants to will half our savings ( £20,000 ) to his daughter. Then I'm supposed to sell the house and give half the proceeds to his daughter.
Would I have any recourse ?

Thank you

Gwenda Marston
Submitted: 3 years ago.
Category: Law
Expert:  Nicola-mod replied 3 years ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 3 years ago.
I will wait a little longer, thank you.
Customer: replied 3 years ago.
I'd like to cinfirm that this is a one off question and I am not committing myself to a monthly payment. If the latter is the case, please cancel my original question.
Expert:  Nicola-mod replied 3 years ago.
Hello,

Yes, this is a one-off question.

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Expert:  Joshua replied 3 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

I am sorry you have had to wait so long for a reply. I would be please to assist.

  1. May I ask if you own the property jointly and if so whether you own as joint tenants or tenants in common?
  2. Is this a daughter from a previous relationship?
  3. Do you you own any other properties?
Customer: replied 3 years ago.
Joshua, I sent answers to your three questions and am waiting for your reply. I provided a partial rating, as my question had not been fully answered.

Gwenda Marston
Expert:  Joshua replied 3 years ago.
Hello
I am so sorry but I do not appear to have received your replies to my queries. Are you able to kindly repost? My apologies for the inconvenience.
Customer: replied 3 years ago.
1 our house is jointly owned
2 Mary is my stepdaughter and 3 we own no other property.

Expert:  Joshua replied 3 years ago.
Thanks Do you know if you own the property jointly as joint tenants or tenants in common? If you are not sure thats fine
Customer: replied 3 years ago.
Sorry, I'm not sure about tenants in common. I know that, if I die first, my share of the house goes to my daughter, after the property is sold. Brian's share goes to his daughter. He wants me to sell up so that she can have her share! Can she legally make me sell ? Can £20,000 be taken from our savings if Brian dies first?

Gwenda Marston
Expert:  Joshua replied 3 years ago.
thank you. There are two approaches/outcomes to this depending upon how you hold your assets. With your permission, I will deal each of these in turn.

1) if you hold joint bank and savings accounts then irrespective of what your husband's will may say, such accounts will automatically transfer into your name upon your husband's passing and you will be absolutely entitled to all of the money in those accounts. Accordingly, your husband's will will only be effective in respect of any accounts that he holds in his sole name.

Similarly with regards XXXXX XXXXX property, if you own your property as joint tenants, in the same way as above, the property will pass to you automatically upon his passing irrespective of what is will may say. His will will only affect the property if you are in the property as tenants in common. I note from the above you are not certain as to whether you own the property as joint tenants or tenants in common. In order to find out, you can obtain a copy of your title entries from the land Registry providing your property is registered for a nominal fee of 3 pounds using the following link below. Once you have the title entries, cast your eye down to section B proprietorship register. here you will see your names as joint owners. If underneath your names you see the words "RESTRICTION: no disposition by a sole proprietor…" This means you own as tenants in common and your husband will can will his share of the property to his children if he wishes. if you do not see the above Restriction entry them the property will pass to you automatically irrespective of his will.

http://www.landregistry.gov.uk/public/property-ownership

b) if you do own the property as tenants in common and/or do have separate individual savings accounts then if you cannot persuade your husband to change his position with regards XXXXX XXXXX will, as his wife, you would have the opportunity to challenge his will under the inheritance act the failure on his part to adequately provide for you as his spouse. Under the inheritance act, your husband has a legal obligation to adequately provide for you on his death. The courts would approach such a claim so as to maintain you effectively in the same lifestyle as you have been accustomed to throughout your marriage and if the contents of his will would serve to your detriment, you have the basis of the claim

rather than force you into a position of potential challenge to litigation however, you may wish to discuss the position further with your husband. A solution for individuals in your circumstances is often for your husband to provide for something known as a life interest in his will. This is a will trust which provides that you have a right to the income and enjoyment of whatever assets your husband places within the trust for your life but after your death those assets passed to his children. He may for example wish to place his half of the property into a life trust so that you can continue to live in the property for your life and so on and then after your death his chair passes to his children.

Is there anything above I can clarify for you?
Joshua, Lawyer
Category: Law
Satisfied Customers: 26070
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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Customer: replied 3 years ago.
Thank you so much for the time you have taken on my behalf. I feel easier in my mind now.

Gwenda Marston
Expert:  Joshua replied 3 years ago.
A pleasure. 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 please reply back to me though