Will states wife to move out of property after husband death

Newtos

My brother in law died in July 2012. He owned his own house, which was paid off in full by his life insurance as he was diagnosed with a terminal illness.

He lived in the house with his wife, but the house was 100% in his name as he bought it himself. In his will he specified that his wife could only live in the house for 6 months after his death (which he had very good reason for doing), at which point she would have to move out and the house go up for sale.

The 6 months are now up and his wife hasn't moved out or gotten in touch to let his parents (the executors) know her plans.

My question really is are his wishes for her to move out after 6 months legally binding and therefore is there anything the solicitor can do?

I know his will was specifically written in a way that meant it was not affected by marriage so his wife is not automatically entitled to any more than the percentage of his estate he specified in his will.

I know the obvious thing to do is to contact the solicitor, but his parents are executors and keep putting it off because they are all over the place since his death. Myself and his brother feel strongly that he stated his wishes in his will and therefore we want to do what we can to help make sure that his wishes are carried out now he's gone, kind of the last favour we can do for him I suppose. I know we're not executors so can't do anything as such, but we're trying to support his parents through it so knowing the process re his wife moving out of the property would be a helpful starting point.

Thanks in advance for your help.

Newly_retired

I know his will was specifically written in a way that meant it was not affected by marriage so his wife is not automatically entitled to any more than the percentage of his estate he specified in his will.


If this will was made before his marriage to his present wife, it willl surely be made invalid by the marriage?

Newly_retired

Sorry, quotes didn't work properly. I hope it makes sense.

zzzLazyDaisy

Depending on how old the wife is, the length of the marriage, and whether he financially supported her, she may have a claim against the estate, regardless of what it says in the will

Some info here

http://www.disputed-will.co.uk/news/?p=1

Newtos

I don't know the ins and outs of wills and how exactly it isn't affected by marriage, but I know it definitely all stands, we know that from the initial meeting with the solicitor a couple of days after he died. He knew he was getting married when he made the will and it specifically had a clause in saying nothing in there could be affected by his upcoming marriage.

Newtos

We know she isn't contesting the will. She is being left part of the estate just not all of it. They were only married for just over 6 months before he died.

zzzLazyDaisy

Newtos wrote: »

I don't know the ins and outs of wills and how exactly it isn't affected by marriage, but I know it definitely all stands, we know that from the initial meeting with the solicitor a couple of days after he died. He knew he was getting married when he made the will and it specifically had a clause in saying nothing in there could be affected by his upcoming marriage.

That is a standard clause. Normally when a person marries this automatically voids any existing will, and they must make a new will, or their estate will be dealt with under the intestacy rules. So if the person is intending to marry, the will is drafted to state that it is made "in contemplation of marriage", which means that it isn't automatically voided by the forthcoming marriage.

This does NOT mean that the will cannot be challenged under the Family and Dependents Act 1975 (see above link for info).

Edit: Apologies, cross posted

GlynD

I don't believe this will is valid. Certainly not the clause which requires the widow to move out.

zzzLazyDaisy

GlynD wrote: »

I don't believe this will is valid. Certainly not the clause which requires the widow to move out.

It could well be valid.

This is a 6 month marriage and the will was made in contemplation of marriage.

One thing to consider, though is that 6 months is not long for a grieving widow to get her head around getting married and being widowed in just 6 months. Whatever the rights and wrongs of it, she will probably be in shock as much as the rest of you, and about to be turfed out of her home, so it is perhaps not surprising that she hasn't done anything about it.

From what you say, it sounds like she is a bare licensee, which means that she has no right to remain, and the executors can remove her belongings and change the locks. There is also a possibility that a persistent refusal to leave could mean that she is technically a squatter and subject to criminal sanctions

http://www.guardian.co.uk/society/2012/aug/31/charities-end-squatters-rights-homelessness

However, the executors MUST seek legal advice before taking any steps to evict her as if there is any possibility that she has become a tenant, then the correct procedures must be followed.

GlynD

zzzLazyDaisy wrote: »

It could well be valid.

This is a 6 month marriage and the will was made in contemplation of marriage.

One thing to consider, though is that 6 months is not long for a grieving widow to get her head around getting married and being widowed in just 6 months. Whatever the rights and wrongs of it, she will probably be in shock as much as the rest of you, and about to be turfed out of her home, so it is perhaps not surprising that she hasn't done anything about it.

From what you say, it sounds like she is a bare licensee, which means that she has no right to remain, and the executors can remove her belongings and change the locks. There is also a possibility that a persistent refusal to leave could mean that she is technically a squatter and subject to criminal sanctions

http://www.guardian.co.uk/society/2012/aug/31/charities-end-squatters-rights-homelessness

However, the executors MUST seek legal advice before taking any steps to evict her as if there is any possibility that she has become a tenant, then the correct procedures must be followed.

I see where you're coming from but my view was that the law would see the widow as being the inheritor of the estate, regardless of the duration of the marriage. Am I wrong in that thinking?

zzzLazyDaisy

GlynD wrote: »

I see where you're coming from but my view was that the law would see the widow as being the inheritor of the estate, regardless of the duration of the marriage. Am I wrong in that thinking?

Yes you are wrong. A lot of people believe this and with property prices being what they are, it can often mean the surviving spouse being forced out of her/his home in order to pay the other beneficiaries under the will. So couples should always make wills, married or not.

If he had not made a will OR if he had made a will which was not expressed to be in contemplation of marriage, then the intestacy rules would apply. Even then the wife would only inherit the first £250k outright

http://www.adviceguide.org.uk/england/relationships_e/relationships_death_and_wills_e/who_can_inherit_if_there_is_no_will___the_rules_of_intestacy.htm#what_are_the_rules_of_intestacy

But in this case a valid will has been made, and is enforceable unless she has grounds for challenging it. But with a 6 months marriage, that would be difficult.

EDIT - this is for England and Wales. The law in Scotland may be different, and in some other countries most certainly is different.