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Clare, Solicitor
Category: Law
Satisfied Customers: 34890
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My Mother and Father were married, she passed away in 2008

Customer Question

I’m looking for legal advice regarding a potential future will dispute and where I would legally stand.

My Mother and Father were married, she passed away in 2008 leaving myself(son) 50% of the family home. I now legally own 50% of the home, I’m on the land registry, mortgage etc…

The other 50% of the home is owned by my Father who has a will made out to split his remanding estate/ possessions to myself, sister and half brother. My Dad has recently found a partner and may potentially marry within the near future. Our concerns are:

1. Would she legally be entitled to the 50% of the house in my name after several years?

2. Would she legally be entitled to my father's 50% share? Even though he has already made a will?

3. Would she legally be entitled to any share of the property(mine or my fathers) if she didn't marry my Father but paid any form of rent etc… ?

These are the scenarios I can think of, it would be useful to receive any further advice to potential outcomes with the details above. thanks

Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Thank you for your question.
My name is ***** ***** I will do my best to help you
Your half of the property is secure no matter what.
Your father will need to make a new Will after the marriage as marriage revokes previous Wills.
The longer the marriage lasts the more likely it is that his wife will have a claim on the property
If she simply lives at the property and they do not marry and she makes no payment towards the property then she will not acquire a share in it, although if your father dies after two years she will have a financial claim oh HIS estate
I hope that this is of assistance please ask if you need further details
Customer: replied 2 years ago.

Hi Clare,

Thank you.

Would it make a difference to the situation if the property has no mortgage as in it is paid off?

Expert:  Clare replied 2 years ago.
None whatsoever
Customer: replied 2 years ago.

So if no mortgage exists or exists her potential claim to my Fathers half of the property will pretty much be reliant on whether she pays a consistent amount of money to the running of the household ?

Expert:  Clare replied 2 years ago.
Where there is no marriage yes her financial contributions are what is relevant HOWEVER if your father dies without making a Will or without making SOME provision for her (even if it just time to remain in the property) then she has a potential claim on the estate if they have cohabited for more than two years