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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32086
Experience:  Over 5 years in practice
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My Husband & I made Mirror Wills in 2004 in a Discretionary

Customer Question

My Husband & I made Mirror Wills in 2004 in a Discretionary will trust.This was done by a Solicitor BUT My Husband did NOT gift his half of our Home to me but to my eldest Daughter .He sadly developed Dementia very quickly and was unable to change his will and has recently passed away. I am named as his Next of Kin, Executor & Trustee in his will and am endeavouring to manage his Estate however Family pressure is being brought to bear & I wonder if there is anything in the Will for me as his wife and next of kin I am 76 years old and was dependant on him This is causing me a great deal of worry as we have never had his & hers everything has always been ours. Money jointly invested in Bank & savings accounts I would like to remain our Investments to continue and can I be forced to sell my Home Any advice you could give would be appreciated
Many Many Thanks
Submitted: 2 years ago.
Category: Law
Customer: replied 2 years ago.
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Expert:  Clare replied 2 years ago.
HiThank you for your questionMy name is ***** ***** I am sorry for your lossi shall do my best to help you but I need some further information firstWhat pressure is being brought to bear on you and what does the Will actually say?
Customer: replied 2 years ago.
It is a Discretionary Will Trust prepared in 2004 before my Husband became sick due to myself having a Major Operation and I needed to ensure he would be looked after in the event anything happened to me , he was hopeless where finances were concerned All our married life I have managed our Finances making Investments and saving where possible.Due to the rapid deterioration of my Husbands Health with Parkinsons Disease and Lewey Body Dementia which was Diagnosed in 2008 & he entered a Care Home in 2011 .When I went to see my Solicitor to change ,my will I was told I was unable to do this as we had Mirror Wills. It was there I learnt that his half of the property " Tenants in Common" which we had agreed would be left to our eldest Daughter with any remaining savings split equally between our other 2 siblings and 10% left to Grandchildren naming me as his Next of Kin, Executor and Trustee. I am endeavouring to do right by him and have notified all the relevant people concerned supplying Death Certificates etc.BUT I am truly worried whether I must sell my Home etc to honour his wishes I DONT want to necessarily pay Solicitors Large Costs if I can manage probate myself Just which would be appreciated Many Many Thanksneed advice and guidance
Expert:  Clare replied 2 years ago.
Apart from the house are there any assets held in joint names?Doe sthe Will give you the right to remain in the house so long as you wish to do so?