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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 1751
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Bought two properties in 2000. My partner(not married)paid

Customer Question

Bought two properties in 2000. My partner(not married)paid the deposit for one of the property. He stated that the deposit was a gift and the statement was done through a lawyer.
We resided at one of the flat and got married in January 2002. My then husband did not and have not contributed to the mortgages. These properties were bought solely in my name.
I remortgage and he received the monies from the mortgage company.
In 2006 he left the country and lived in Trinidad and Tobago for seven years.
During this time we were separated and started divorce proceedings, a decree nisi was granted, however we both did not proceed to a decree absolute.
He returned to the uk and became ill and I rented a flat to him to look after him. This flat is adjacent to the flat that I lived in.
He was receiving housing benefit to pay his rent. There was a rental agreement that I. Signed with him and sent to the housing local authority.
Unfortunately he passed away on Friday , today his brother presented me a hand written last will and testament dated 29/10/08.
This will stated that he leaves,subject to funeral expenses, the whole of his estate both real and personal to his brother.
Question : Is his family entitled to claim any share of my properties?
Am I entitled to any of his pension/ life insurance?
Submitted: 10 months ago.
Category: Law
Expert:  Harris replied 10 months ago.
Hi, thanks for your question.
They will not be entitled to property owned by you in any circumstances. However, you will need to check the will itself, as in England, a will is only valid if the following requirements are met:
-made by a person who is 18 years old or over; and
-made voluntarily and without pressure from any other person; and
-made by a person who is of sound mind. This means the person must be fully aware of the nature of the document being written or signed and aware of the property and the identify of the people who may inherit;
-be in writing;
-be signed by the person making the will in the presence of two witnesses; and
-be signed by the two witnesses, in the presence of the person making the will, after it has been signed. A witness or the married partner of a witness cannot benefit from a will. If a witness is a beneficiary (or the married partner or civil partner of a beneficiary), the will is still valid but the beneficiary will not be able to inherit under the will.
-Although it will be legally valid even if it is not dated, it is advisable to ensure that the will also includes the date on which it is signed.
-As soon as the will is signed and witnessed, it is complete.
In your circumstances, the important points that will need to be confirmed are in relation to the will being signed in the presence of two witnesses and then be signed by the two witnesses. Is this requirement met?
Expert:  Harris replied 10 months ago.
Hi, this question remains open. If you found my information provided helpful please could you rate my response positively as I will not be credited for my response without a positive rating.

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