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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10458
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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As the second wife, married 24 years my husband now very ill

Resolved Question:

As the second wife, married 24 years my husband now very ill has not willed the house to me but to his grandchildren. I have little money of my own, I have use of the house for the rest of my lifetime paying all bills etc. Unless I should remarry then would have to leave the property. At over 70 remarriage is not something I would consider. Would I have to go to court to haveat least half of the house as I feel is my right.
Thank you in advance for your time and advice.
Margaret Lloyd
Submitted: 1 year ago.
Category: Law
Expert:  Aston Lawyer replied 1 year ago.

Hello and thanks for using Just Answer.

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

The Inheritance (Provision for Family and Dependants) Act 1975 or I(PFD)A 1975 allows certain categories of persons to make claims against the estate of a deceased. These include any surviving wife/husband/civil partner

These persons can apply for an order under the Act on the grounds that the deceased's will or intestacy or a combination of both showed that no reasonable financial provision was made for them.

I can't of course tell you whether or not you would be successful in any such claim, as every case is looked at on its individual circumstances. What I can say is that provided the Will grants you the right to remain living in the proeprty, the Court has in the past decided that this is sufficient. However, if you have little money, the Court may order that a part of his cash assets are paid to you.

We Solicitors would normally take the advice of a Barrister on such issues, so be prepared to go and visit a local Solicitor to discuss the above if anything happens to your husband.

I hope this assists you and sets out the general legal position.

Kind Regards

Al

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