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ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 1431
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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I am having an operation, and I want to ensure that my daughter

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I am having an operation, and I want to ensure that my daughter inherits my estate and not my husband, the majority of which is my share of the house we own as tenants in common, what is the best way to do it.
Welcome to Just Answer
I am a Solicitor and will assist you.
Please may I ask:
- are you still married?
- how long have you been married for?
- do you currently have a will?
- how old is your daughter and is she financially independent?
Kind Regards
Customer: replied 2 years ago.

Yes a decree nisi has been issued

I have been married for 3 years

I do not have a will

My daughter is 2 years old and not financially independent

Thank you for your response and for confirming this for me.
You need to make a Will confirming what you want to happen with your estate.
May I ask:
Have you agreed what should happen in respect of the matrimonial finances.
Kind Regards
Customer: replied 2 years ago.

Thanks Caroline,

The matrimonal finances have been agreed and have been sent to court.

With regard to the Will, is it sufficient to say in the event of my death all my estate passes to my daughter or do I need to set up a trust?

Regards Lyn

Hello Lyn
Glad to hear you've nearly finalised the matrimonial finances. Once the order is approved by the court it will be legally binding.
If you don't make a will - when the divorce is finalised - and if you were to die then your estate would pass to your daughter under the rules of intestacy rather than your ex. It's still a good idea to make a Will so that your wishes are clear. As your daughter is only very young it is worth looking at a trust - have a look at this web page:
Also please be aware that if your ex did not remarry before you died then he could try and make a claim under the Inheritance (provision for family and dependants) Act - that you did not make reasonable financial provision for him. This is only a claim and not guaranteed.
Kind Regards
Positive feedback is gratefully received
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