Hello and thanks for using Just Answer.
My name is ***** ***** am happy to assist you with your enquiry.
Where an individual has died without making proper provision in their Will for their relatives or dependants, judges have a wide discretion to redistribute assets to produce a fair result. There is no magic formula involved although certain factors must be taken into account (eg length of marriage/the assets held by either party). It must be remembered that each case is very different and will be judged on its own individual facts. I cannot of course predict exactly what would be awarded but
where the applicant is a spouse, or a civil partner, of the deceased, ‘reasonable financial provision’ means such provision as would be reasonable in all the circumstances of the case for a husband or wife or a civil partner to receive, whether or not that provision is required for his or her maintenance. The court must consider, but is not bound to follow, the likely settlement that would have made within divorce proceedings, if the parties had divorced rather than the deceased having died.
The daft thing is that the more dependent a spouse is on the other spouse, the more that party will be entitled to claim, on the basis that during the other spouse's lifetime, she was enjoying "being looked after". I note your fiancee does not appear to have any capital/savings, and if you will be maintaining her as well as providing a roof over her head, you will need to make sure that reasonable provision is left for her in your Will. Although a Wills Solicitor can discuss matters in more detail with you, the very least you will probably have to provide to her is somewhere to live for the rest of her life- you are able to grant her such a right in your Will, with the proviso that upon her death, the house is sold and the proceeds split between your 3 children.
I can't really comment on how much capital you woul dneed to leave to her- this would entirely depend on what monies if any she had at the date of your death, and how much you are providing for her during your lifetime.
I would strongly suggest that you speak to a Wills Solicitor, because if you marry, and do not make a Will, your spouse may likely inherit everything and you need to prepare a Will which is fair and reasonable for her but also protects your children.
I hope this assists and sets out the legal position.
Thanks for Al,for the reply, if i died and she remained in the house is it correct all she would pay is the utility bills rates etc
Thanks for your reply.
Correct- if you granted her a right to remain living in your property if you were to go first, she would only then be responsible fo rpaying the utilities/Council tax. You would need to discuss with your Solicitor, but it would also be normal for the Trustees of the Will to arrange the annual Buildings Insurance and for the occupier to reimburse them this sum.
I hope this helps.
Thanks for the reply AI
one last question,when me and my late wife made a will, why wouldnt her wishes be honered, because i choose to remarry, you say if i did remarry my partner may inhret everything.
Your Will would be valid, even if you left it all to your 3 children . However, your new wife could still legally be entitled to make a claim against your Estate if you had not left reasonable financial provision for her.
As regards ***** ***** said about your partner may inherit everything, I meant that if you marry, and then do not make a Will, your Estate would be distributed in accordance with the rules of Intestacy- meaning your wife would inherit the first £250,000 of your Estate. (Please note that upon marriage, any Will you have previously made automatically becomes invalid).
I hope this assists.
Thanks very mutch for your help Al, 28 quid well spent.I know where i stand legally,and is a great weight of my mind.
If I have helped, I would be grateful if you could rate my answer, so I may get credited for my time.