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Category: Family Law
Satisfied Customers: 259
Experience:  Expert
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I was married 6 years ago and moved into my husband's

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Hello. I was married 6 years ago and moved into my husband's house,having sold my own. He has now sold the house and wants to buy a bungalow. It will be I his name only. Can you tell me my legal rights should anything happen to him. He has 3 children. Thank you
JA: Where are you? It matters because laws vary by location.
Customer: I am in Coventry England
JA: What steps have you taken so far?
Customer: None.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: First of all please can you tell me how I would make payment for your service
Good evening and thank you for your question. I'm Jeremy, a solicitor specialising in divorce and contested probate matters. I'd be very happy to help but, firstly, please would you confirm if you and your husband have prepared wills? Were you together for long before you married? Will any of your money go towards buying the bungalow? Thanks, J
Customer: replied 9 days ago.
Hello Jeremy. No we have not prepared wills as yet. We were together for 7 months before we married. I have only a little money as my house was quite heavily mortgaged.

Hello again and thanks for the additional information. My recommendation (and I know it's a difficult conversation) is to consider getting wills drawn up as soon as possible. If your husband died without having made a will then they are termed “intestate." There are rules as to who can administer the estate of someone who has died intestate, and to whom it is distributed.

Provided you survived for 28 days after the death of his or her spouse then, as there are children, you would receive:

  1. a tax free statutory legacy (assets valued up to a certain amount), and the interest accrued on the estate from the date of death to the date of payment
  2. the personal chattels (possessions) of the deceased
  3. a life interest in a trust comprising half of the estate less the statutory legacy less the personal chattels. The spouse receives interest on the life interest, but cannot spend the capital. Once the spouse dies, the trust is distributed to the surviving children.

The children receive (divided equally between them):

  1. the other half of the estate immediately.
  2. the trust.

I appreciate this all sounds a bit daunting but I cannot emphasise how important it is to get it right at this stage. I've been involved in some genuinely unpleasant contested probate disputes where family members have thrown large sums of money at lawyers to 'fix' the problem but have irreparably damaged any future relationship between them and the family.

I hope that provides a little guidance. Please let me know if you need any further assistance. Kind regards, J

Customer: replied 8 days ago.
Hello again. Thank you for your reply-thats quite clear but could you tell me please what the situation would be once my husband has made a will with his children sole beneficiaries. Thanks

If his children were made sole beneficiaries, they would inherit the property in its entirety. You would either have to reach some sort of agreement with his children or else you might be forced to make an application under the Inheritance (Provision for Family and Dependents) Act 1975 for his failure to properly provide for you. I strongly recommend you don't get involved in any contested probate actions as they are extremely costly and stressful. Please have the conversation with your husband. Kind regards, J

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