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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 34276
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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Can a wife claim for her personal costs in improving her

Resolved Question:

Can a wife claim for her personal costs in improving her husband's home after his death and when there is no mention of this in his Will?
Submitted: 1 year ago.
Category: Property Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Which part of the Uk is involved and what provision has been made for the Wife within the Will?

Customer: replied 1 year ago.
England. Half the property has been left to the wife.
Expert:  Clare replied 1 year ago.

How long had they been living together?

Customer: replied 1 year ago.
married for 27 years
Expert:  Clare replied 1 year ago.

Who has he left his half to?

Customer: replied 1 year ago.
to his 3 sons. the wife is a second wife and not the mother of his 3 sons.
Expert:  Clare replied 1 year ago.

What provision was made for her?

Customer: replied 1 year ago.
just half of the property. she can live in the property for 2 years with household bills paid for out of the estate when the house is sold.
Expert:  Clare replied 1 year ago.

Then I have to be blunt - that is insufficient provision after 27 years - half the house would be seen as being hers anyway.

Accordingly if she is willing to settle for costs of improvements this would be a much cheaper settlement - if it went to court she might well be awarded the whole property

Please ask if you need further details

Customer: replied 1 year ago.
Thank you very much Clare
Expert:  Clare replied 1 year ago.

You are most welcome

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