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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10650
Experience:  30 years as a practising solicitor.
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I have been married to my husband years. I have a daughter

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I have been married to my husband for 16 years. I have a daughter from a previous marriage who lived with us for 10 of those years until she left home. My husband and I made wills in favour of each other with the entire estate to be left to my daughter thereafter. Yesterday my husband announced that he has a daughter who is 26 years old from a previous relationship. He claims she has just searched him out recently and that he did not know she existed. How will this affect me and my daughter with regard to the family home, my own private pension. Our home is in Scotland - we recently moved to England. My husband's daughter and her mother live in England.
Submitted: 10 months ago.
Category: Scots Law
Expert:  Nicola-mod replied 10 months ago.
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Customer: replied 10 months ago.
I will wait, thank you.
Expert:  Nicola-mod replied 10 months ago.
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Customer: replied 10 months ago.
Thank you.
Expert:  Nicola-mod replied 10 months ago.
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Customer: replied 10 months ago.
Hi, I paid £35 so I am still hoping for an answer thanks.
Expert:  Nicola-mod replied 10 months ago.
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Expert:  JGM replied 10 months ago.
If your husband dies before you, and his estate passes to you there is no issue. However if you die before him and your estate passes to him, and the house also passes, the assuming his will stays the same, the position of the house remains unchanged and goes to your daughter. However the rest of his estate could, under tha law of Scotland, be the subject of a legal rights claim by his daughter. Assuming you husband died with no spouse, his daughter has a claim for one half of his non heritable estate. Your own daughter would get the rest by virtue of the will. A possible way round this would be to make English wills if you intend to remain in England as the concept of legal rights doesn't apply in England as far as I am aware. I hope that helps. Happy to discuss. Please leave a positive rating so that I am credited for my time.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10650
Experience: 30 years as a practising solicitor.
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