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michael holly
michael holly, Family Solicitor
Category: Family Law
Satisfied Customers: 7083
Experience:  BA Hons degree Law , Solicitors finals, 20 years experience, trained family law mediator.
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My wife has passed away (very distressing) and her will

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My wife has passed away (very distressing) and her will names me as executor and trustee , all of her property whatsoever and wheresoever belongs to me to do with as I will.
However she appears to have overlooked a court order from a previous marriage stating that the £ 115000.00 from the sale of her marital home goes into trust for her children. Therefore the deposit we put down on our marital home 4 years ago has come from this trust money. I believe she signed up to this deal believing she would always be alone in the new house with her children as she had secondary cancer. She told me that she believed she would never have another relationship due to this. She was incorrect we have had 8 wonderful years and thought it could be more. Can I lose my home to her remaining daughter even though I have paid the mortgage on the new marital home for 4 years. Or can I simply find the money originally set out in said court order I. E £115000.00 and pay my step daughter/ ex husband off?
Many thanks S

Dear Stuart

Sorry for your loss, it must be a difficult time for you.

You are perfectly at liberty to raise the £115,000.00 any way you can to pay it to your wife's daughter as per the terms of the order. You are not compelled to sell the property to do so.

If there are any further points pleased reply I will be happy to respond.

Kindly either accept or rate my answer on the system so I get credit for my time.

Best wishes


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