Surviving spouse

Billy_Bob

Hi

Is anyone able to help with my question? I have tried to find info but not having any luck.

A husband and wife of 12 years reside together. The property is owned by the husband who has left the property to his children in his will. There is no clause making provision for the wife to stay in the home. If he dies what is the wifes position? Can she be made "homeless"?

Thanks
Billy B

dzug1

Yes she can


Whether she will or not depends on various circumstances which you haven't given any details about.

Billy_Bob

Sorry not sure what more detail is needed.

I guess I wonder if the wife could make a case to stay in the home indefinitely as a spouse even if it is not in his will.

g6jns_2

Billy_Bob wrote: »

Sorry not sure what more detail is needed.

I guess I wonder if the wife could make a case to stay in the home indefinitely as a spouse even if it is not in his will.

The best thing would be for the will to be changed to give the spouse a life interest.

dzug1

Well have a read of


http://www.thompsons.law.co.uk/ltext/Challenge-a-will.htm


(plucked at random from an internet search - not intended as a recommendation.)


I suppose the main question is was she dependent on him financially. If so she certainly ought to get something - but that might not be the right to remain in the house.

g6jns_2

dzug1 wrote: »

Well have a read of


http://www.thompsons.law.co.uk/ltext/Challenge-a-will.htm


(plucked at random from an internet search - not intended as a recommendation.)


I suppose the main question is was she dependent on him financially. If so she certainly ought to get something - but that might not be the right to remain in the house.

According to the OP the testator is still alive. Much better to change the will rather than risk the cost and uncertainty of a challenge to the will after death.

Billy_Bob

Thank you everyone for your help. Unfortunately it is unlikely the will could be changed without being challenged.

The husband has stipulated an amount of money to his wife but not the home and she is not financially dependent.

g6jns_2

Billy_Bob wrote: »

Thank you everyone for your help. Unfortunately it is unlikely the will could be changed without being challenged.

The husband has stipulated an amount of money to his wife but not the home and she is not financially dependent.

On what grounds do you think making provision for the wife do you think would make it liable to challenge. I would expect the reverse to be true unless the are circunstances you have not disclosed.

TBagpuss

Under the Inheritance Act she *might* be able to made a claim against his estate, if he has failed to make reasonable for her in the will. Whether the provision is reasonable will depend on the amount left to her, and what her needs are.

Why could the will not be changed without being challenged? If he no longer had capacity then it may be worth speaking to a solicitor about the situation.

If it is just that his children won't like it then he would need to make sure he discussed the change fully with his solicitor, and made sure that the solicitor makes detailed notes so that *if* the children seek to challenge the will, they will not succeed. Depending on his age and health, he may be advised to have a medical assessment which again would make it more difficult to challenge the will later (as there is proof that he had full mental capacity when he made the will)

dzug1

g6jns wrote: »

According to the OP the testator is still alive. Much better to change the will rather than risk the cost and uncertainty of a challenge to the will after death.

I'd assumed that the testator was dead though rereading it that's not the case


So yes, better if the will can be changed now.

getmore4less

It might be that he does not want this wife to have the house or a life interest.

Possibly second marriage and the new wife is independently wealthy enough sort herself out.