How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask ukfamilysolicitor Your Own Question

ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 733
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
74916426
Type Your Law Question Here...
ukfamilysolicitor is online now

My elderley mum is getting married to a man who i do not trust

Customer Question

My elderley mum is getting married to a man who i do not trust & feel she has been overpowered into it.
Regarding the will im the executive but if my Mum dies before him what happens to the will & who becomes the sole dependant & are they able to re write this if my mum dies.
They have changed the will so that if my mum dies before him he would be able to stay in the house for as long as he is alive.
He has also put money into upgrading the house & whether he would have a claim to part of my & my brothers inhertiance.
they have already set a date without any discussion.
Many thanks
Graham Mairs
Submitted: 10 months ago.
Category: Law
Expert:  ukfamilysolicitor replied 10 months ago.
Hello Graham
Welcome to Just Answer
I am a Solicitor and will try and assist.
Please may I ask:
- when were the wills changed?
- when are they planning to marry?
- what's the value of your mothers estate?
- is your mothers house in her sole name?
Kind regards
Caroline
Customer: replied 10 months ago.
Hello
will was changed 3 years ago
They are getting married on 23rd April
Not sure but estimated estate200K
My mums house i believe is in her name but would need to check
Expert:  ukfamilysolicitor replied 10 months ago.
Hello
Thank you for clarifying that for me.
You need to be aware of a few things which directly affect your inheritance position.
A will is automatically revoked by a later remarriage.
This means it would be as though there was no will at all. If your mother passed she would be considered intestate.
The current rules of intestacy are such that the first £250k would go to her husband. He would also get a half share of anything over that and the rest would be split between your mothers children. From what you have said - if the estate was £200k and your mum didn't make another will aAFTER her marriage then the husband will get everything.
Please note that your mum can't exclude her new husband completely - as if she did you would run the risk of him seeking to challenge the will on the basis that he wasn't reasonably provided for.
In relation to your mothers house - if this is in her sole name then it will form part of her estate. Please be aware that if your mother was to add her husband as a joint tenant to the property - then he would inherit the property in any event if you mother passed first - this is known as the right of survivorship . The house simply wouldn't form part of her estate but pass straight to him.
Kind regards
Caroline
Please kindly remember to rate positively so that we receive credit for helping you
Expert:  ukfamilysolicitor replied 10 months ago.
Please kindly remember to rate positively (by clicking a smiley face) so that we receive credit for our work.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions