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Thomas, Solicitor
Category: Family Law
Satisfied Customers: 7676
Experience:  UK solicitor
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My husband was a widower when I married him and he has two

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My husband was a widower when I married him and he has two grown up children. He has some property. What are my rights in the case of his predeceasing me?

Do you own any property jointly together?

Kind regards,

Customer: replied 4 years ago.
No, the property is in his name.

Thank you for your question and patience, I’m Tom and I’ll try to help you.

Whether or not you will inherit his estate depends on whether he has a Will. If he has a Will which states that you should inherit then obviously you will do. However, if he states that someone else (eg children) should inherit then they will, but you could attempt to dispute this (see below).

If he does not have a Will then his estate would pass according to the intestacy rules. In these circumstances it would mean that the first £250, 000.00 of his estate would pass to you.

The remaining amount of his estate would be split in two, with one half shared between the children equally and the other half being held in trust for them with you getting the interest from it until your death.

If this is not what he wants then he needs to execute a Will.

In the even that he did execute a Will but did not provide for then you would have to issue a claim under the Inheritance (Provision for Family and Dependent) Act 1976. You must make the application within 6 months of the date of the grant of probate.

In order to make a claim against the estate the person claiming must be able to prove that they were financially dependent to some extent on the deceased.

It’s really not ideal for you because under the Act because it depends on a number of factors in to account in determining what is fair (eg. size of the estate, other claims, resources and needs of other family members/dependants, responsibilities the deceased had to you), each case turns on it's own facts and there are no hard and fast rules to work out what you are entitled to

My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.

Kind regards,

Thomas and other Family Law Specialists are ready to help you