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Kasare, Solicitor
Category: Family Law
Satisfied Customers: 1301
Experience:  Solicitor, 10 yrs plus experience in civil litigation, employment and family law
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My dad is terminally ill, he has been given at best

Customer Question

Hello, my dad is terminally ill, he has been given at best a year to live. He was diagnosed with cancer in November last year and he had been paying an ex partner to look after him and take him to appointments and caring for him. My dad had always said that he would never get married again and now he is saying he might marry her as it would make it easier to leave her some money. I am worried that she is only after his money. Would him being married to her make anything easier? My dad is also has court of protection for my grandad and now he is saying about putting it into her name. How does it stand with if he married her, is there a time that she would need to be married to her?
Submitted: 2 years ago.
Category: Family Law
Customer: replied 2 years ago.
Sorry was meant to say him. Also she used to be a legal secretary, I am just worried that she is talking him into things as his memory has been bad recently due to all the medication. He said he wants to change his will anyway, if he changed his will to leave money to her would this not be enough?
Expert:  Kasare replied 2 years ago.
Hi, thank you for your question I will assist you with this. Your father can leave his partner a sum of money in his will if he chooses without any issue whether or not he marries her. The only benefit that she would have would be that as a spouse she would be entitled to an exemption on inheritance tax. If however your father does marry his partner and does not make a new will, or a will in contemplation of that marriage, then such a marriage will immediately void his current will and therefore in the event something happened to your father his spouse would be entitled to the first £250,000 of the estate and then half of the remaining estate. Given his health if he did marry her and change his will or not, then upon his death you could then contest the will and the changes due to his mental capacity (or potentially any undue influence from this woman) at the time he made any new will or not, and seek to revert to the previous will (if you have a copy). Unfortunately, there is no guarantee a court will change this unless you have evidence that she forced your father to change the will. In addition, this is also a very costly process and often ends up with the parties having to pay a lot of legal costs, more so than any inheritance. If your father wishes to change his will, I would recommend that you (and any siblings) take him to a solicitor to discuss this. They may be able to reassure him that he can make some provision for his partner without needing to marry. I hope this assists. If you have any further questions, please dont hesitate to ask.
Expert:  Kasare replied 2 years ago.
Hi, does this answer your query? If not, please feel free to ask any questions that you may have to clarify the situation.
If this has answered your question please do not forget to rate/accept my answer.
Customer: replied 2 years ago.
If she was to become the person who looks after my grandads money is there anyway she could change his will? Thank you