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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10731
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My mothers husband has died, he has a will stating that

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Hi My mothers husband has died, he has a will stating that his estate should be divided between his wife (my mother) and his 3 children from his previous marriage. the mortgage for their home is in his name only, my question is does this mean that my mum will have to sell the house and move out and then divide the proceeds into four?
Thanks for your enquiry.
On the face of it, you are quite correct- as the property is in his sole name, it forms part of his Estate and the Mortgage is classed as a debt of the Estate which must be repaid.
However, The Inheritance (Provision for Family and Dependants) Act 1975 or I(PFD)A 1975 allows certain categories of persons to make claims against the estate of the deceased. These are:
Surviving wife/husband/civil partner;
A former wife or husband who has not remarried;
A child of the deceased;
Any person who, although was not the child of the deceased, was treated like a child of the family by the deceased (e.g. step-child);
A person who immediately before the death of the deceased was being maintained, either whole or partly by the deceased.
These categories of persons can apply for an order under the Act on the grounds that the deceased’s will or intestacy or a combination of both showed that no reasonable financial provision was made for them.
I can't of course advise you as to whether or not your Mother does have a valid claim, but if for example, she would become homeless and does not have sufficient assets of her own to purchase another property, after receiving her one quarter share, she may well have a claim.
Your Mother does need to take legal advice from a local Wills Solciitor so she can look into matters further.
I hope this assists and sets out the legal position.
If so, I would be grateful if you could rate my answer.
Kind Regards
Aston Lawyer and 2 other Law Specialists are ready to help you
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Kind Regards
Customer: replied 2 years ago.
What about his private pension ? Would that be counted as part of the estate or would it be now payable to his wife?
If there is a monthly pension payable, this would go straight to your Mother. If there is a lump sum payable, this would also normally be payable directly to the widow, unless your Mother's husband stipulated that it should be paid to someone else, which is unlikely.
Only the Pension Company will be able to confirm the above 100%.
I hope this assists.
Kind Regards