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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10410
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My wife has a large amount of money she received in a settlement

Resolved Question:

My wife has a large amount of money she received in a settlement from an accident, she has a will but there is nothing in it for me, what are my rights when she dies.
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

Could you please clarify why you are not mentioned in your wife's Will?

Do you own a property and it is owned jointly with your wife?

I look forward to hearing from you.

Al

Customer: replied 2 years ago.
Her will and the trust were set up prior to us getting married.
All the property is in her name.
Expert:  Aston Lawyer replied 2 years ago.

Hi,

Thanks for your reply.

Well, first and foremost, any Will made by your wife before her marriage automatically becomes revoked on her marriage to you- ie the Will becomes null and void, and if she had not made another Will by the time she died, she will be treated as having died without making a Will- this in turns means that under the Intestacy Rules, on the assumption you have children,you would be entitled to-

  • all the personal property and belongings of your wife, and
  • the first £250,000 of the estate, and
  • half of the remaining estate.
  • If she did make a new Will and did not include you in it or only left a small percentage to you, you may have grounds to make a claim against her Estate under the Inheritance (Provision for Family and Dependants) Act 1975.

    Here is a link to explain more concerning this Act-

    http://www.sheddenfamilylaw.co.uk/inheritance-act-fact-sheet.php

    I hope this assists you but please let me know if you require any further clarification.

    Kind Regards

    Al

    Customer: replied 2 years ago.
    does this apply even If the money is in a trust fund set up after the accident
    Expert:  Aston Lawyer replied 2 years ago.

    Hi,

    It depends on the type of Trust- has a Trust document already been signed by your wife and is the Trust set up and running now, or is the Trust detailed in the Will?

    I look ofrward to hearing from you.

    Kind Regards

    Al

    Customer: replied 2 years ago.
    The trust is already in place, the money is for her health care as a result of the accident that she was in 13 years
    Expert:  Aston Lawyer replied 2 years ago.

    Thanks for your reply.

    What does the Trust say should happen to any remaining monies upon her death?

    Al

    Customer: replied 2 years ago.
    I am not sure but she has left sums of money to numerous other people so I assume it can be accessed for that purpose after her death.
    She has left money to various charities and the home we are in now is also left to a charity.
    Expert:  Aston Lawyer replied 2 years ago.

    Hi,

    As regards ***** ***** money left over at her death, if the Trust document states this should then pass to X and Y, for example, yo uwould have no claim on it.

    However, if the Trust does state that any remaining monies will just pass to your Wife's Estate (which, from what you have told me, appears to be the case) then you would have a claim on these monies, if your wife makes another Will, leaving it to a third party.

    Likewise, if she does not make another Will, you stand to inherit under the Intestacy rules and the Charity would lose out.

    I hope this clarifies matters.

    Kind Regards

    Al

    Aston Lawyer, Solicitor
    Category: Law
    Satisfied Customers: 10410
    Experience: Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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