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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11135
Experience:  30 years as a practising solicitor.
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My first wife and I bought our house in joint names in 2004

Resolved Question:

my first wife and I bought our house in joint names in 2004 in Scotland. We had 2 grown up children both of whom are married and live close by. my wife died and I later remarried. my first wife and I had made a will and I was sole inheritor of the house. I wish to leave the house to my two children should I die before my second wife, making provision for her to stay in the house with my daughter looking after her, as she is diagnosed with early stages of alzheimers disease.My wife , however, wishes to inherit the house and refuses to accept her diagnosis of alzheimers. she says the law is on her side. Please advise
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question.
The law is on your side. You can leave a house to whoever you want. Your will should leave the house to your children with a liferent provision that your wife can live in the house for her lifetime.
Such a provision in a will is unchallengeable by your wife.
I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 1 year ago.

Please clarify " with a liferent provision....."

Expert:  JGM replied 1 year ago.
A liferent means the person who is granted the liferent has the right to live in the property for life but doesn't own it. The owners are those who are left the house in the will. It's a bit like a life tenancy although rent isn't paid to the owners and there is no landlord/tenant relationship. A liferent is a right to occupy and/or use the fruits of the property.
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