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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11135
Experience:  30 years as a practising solicitor.
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I gave all my money to my wife she invested it in lots of different

Resolved Question:

I gave all my money to my wife she invested it in lots of different accounts, she has died and left most of it to 2 sons from a previous marrage, have I the right to claim some of this back
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
Has your wife left provision for you in her will?
As regards ***** ***** you gave her, did you gift this money to her or did you give to her to look after and invest on your behalf?
Customer: replied 2 years ago.
Will was done behind my back, after dishing various sums out to gran kids ect. Executor is only paying half the existing mortgage , 2/8ths of what is left to me and 3/8ths to each of her sons from previous marriage.
There should be about £60,000,00 left to split I gave my wife money every month she invested it in her name , Isa's , £30.000.00 savings account and various other accounts , I also payed mortgage and all other household bills for the 15 years I was married. The money was for my retirement .
Regards
Ian
Expert:  JGM replied 2 years ago.
You will have to see a solicitor as you may have an argument that you are the beneficial owner of the funds and that your wife was investing the money on your behalf. In other words you are a creditor on her estate for these monies.
Even if that is not the case, you can claim legal rights instead of your legacy under the will. That would amount to a third of moveable property, rather than two eighths.
You would have to sacrifice your rights under the will in favour of legal rights.
So you have a couple of options but you should see your own solicitor to go through the detail.
I hope this helps.
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