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Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35056
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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a man dies intestate but has a surviving spouse and 8 children.

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a man dies intestate but has a surviving spouse and 8 children. he has left a house with only his name on the deed but gave the deed to his wife prior to his death.

what we would like to know is, is the wife entitled to 50% of the property as his wife, and the children the other 50% to share amongst them on the sale of the property?
Thank you for your question.
My name is XXXXX XXXXX I will do my best to help you but I need some further information first.
How much is the house worth and how long had they lived together?
What is the value of the rest of the assets?
Customer: replied 4 years ago.

house worth approx £300,000


both married over 50 years


no other assets

Is there any dispute between the Widow and the Children?
Customer: replied 4 years ago.

No, we are merely seeking advice on everybody's rights.

The Widow is entitled to receive the first £250,000 of the Estate plus a life interest in the income of half the remainder
If the house was sold this would mean the children sharing £25,000 between them immediately - and the other £25,000 between them on the death of the Spouse
However if she wished to the Spouse could also apply under the Inheritance Provision for Family and Dependants Act 1975 for further provision on the basis that half of the house should have been hers anyway given the length of the marriage - and that application would be successful
I hope that this is of assistance - please ask if you need further details
Clare and other Family Law Specialists are ready to help you