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Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Hopefully you can mother has terminal cancer......she

Customer Question

Hi, hopefully you can mother has terminal cancer......she left her husband 3 years ago due to his abusive behaviour, has her own place with her own purchased items, own bank account, savings etc.......she never divorced or put in for a separation.......she still sees her 'ex' for days out etc and he also has been visiting her in hospital at which point 2 weeks ago he asked her where her insurances etc were........this made my mum realise that he would want her money etc and does not want that, she wishes everything to be left to me and my brother, she asked my brother to get one of those self wills which she filled in at the hospital with witnesses......but we don't know how legal it is if he were to contest it? Can you help with how we stand........thanking you.
Submitted: 2 years ago.
Category: Law
Expert:  Harris replied 2 years ago.
Hi, thanks for your question.
Is she worried about what will happen to her assets during her lifetime or if she were to pass away?
During her lifetime, if either of them were to pursue a divorce then a financial settlement will need to be made which will consider all the matrimonial assets and their financial positions to ascertain what settlement would be fair for both of them.
In relation to any will she makes, she needs to ensure that she complies with all the requirements to make it legal and her self-help wills should come with the necessary instructions to do this. As she is still married, if no will is made or if a will is found invalid then her husband (as they remain married) will be automatically entitled to the first £250,000 of her estate, and all her personal belongings (whatever their value) and all estate above £250,000 will be divided 50% to her husband and 50% in equal shares to the surviving children.
Please let me know if you have any further questions regarding this.
Expert:  Harris replied 2 years ago.
Hi, this question remains open. If you found my information provided helpful please could you rate my response positively so that the question can be closed.