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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10536
Experience:  Barrister 17 years experience
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My father has just passed away leaving his estate split

Customer Question

My father has just passed away leaving his estate split between 3 sons in his will. He divorced his wife (my mother) way back in 1990 I believe, but for some reason married her again in 2000. Since the original split my mother has lived with her partner of some 40 years even though she re married my father. Now he has passed what are her entitalments to his estate?
Submitted: 10 months ago.
Category: Law
Expert:  Buachaill replied 10 months ago.

1. Dear *****, your mother has no automatic entitlement to any share in your father's estate. Essentially, the terms of the will govern and it is the three sons who will share the estate of your late father. A wife has no automatic entitlement to any share in her husband's estate. Your mother could potentially take an action under the 1975 Inheritance (Rights of Dependents) Act claiming that she was a "dependent" of your father and seek to get a court to give her a share. However, given the facts you outline where she has lived with her partner for 40 years, this claim would not succeed.

Expert:  Buachaill replied 10 months ago.

2. I would advise the executor to the will to see a solicitor and to take out a grant of Probate to the will and to proceed to administer the estate and to divide it out between the three sons. This should be done as soon as you can.

Expert:  Buachaill replied 10 months ago.

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Customer: replied 10 months ago.
Thank you very much it's most helpful.
Customer: replied 10 months ago.
Does this change if my mother is on the deeds to my fathers house please?
Expert:  Buachaill replied 10 months ago.

4. Dear *****, if your mother is on the deeds to your father's house, then that means she owns half of the house. However, it does not change the situation in relation to the will. However, you should check the deeds to see what the actual situation is, as it is important to know whether the house is held as a joint tenancy or as tenants in common. If it is a joint tenancy, your mother would inherit the other half of the house. So, it is essential to check this point.

Customer: replied 10 months ago.
Again that's very helpful. My thanks.
Expert:  Buachaill replied 10 months ago.

5. You are welcome.