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Can a spouse make a claim for a house
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pothole50
Posts: 244 Forumite
My mother in law recently passed away not leaving a will but with monies in a savings account and a house. My sister in laws husband is now making a claim on the monies saying it was left to him in his wife’s will, they had no children. My mother in law had lost her husband and had three children, her son passed away leaving two children, my wife is still here with two childen, her sister passed away leaving no children and it is her husband who claims her share of monies and properties was left to him, but I don’t believe this to be true, am I wrong and is his claim valid.
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No, he has no claim, you can not leave things you expect to inherit in the future to anyone. As it stands your mother inherits 50% of the estate, and the children of your wife brother 25% each.0
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Might be useful to show him this https://www.citizensadvice.org.uk/family/death-and-wills/who-can-inherit-if-there-is-no-will-the-rules-of-intestacy/Who cannot inherit
The following people have no right to inherit where someone dies without leaving a will:
unmarried partners (sometimes wrongly called 'common-law' partners)
lesbian or gay partners not in a civil partnership
relations by marriage
close friends
carers0 -
Just to clarify - your sister in law died before your mother in law?0
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Keep_pedalling wrote: »No, he has no claim, you can not leave things you expect to inherit in the future to anyone. As it stands your mother inherits 50% of the estate, and the children of your wife brother 25% each.
I think you mean his wife inherits 50%, not his mother?
Assuming his wifes sister passed away before the mother-in-law0 -
Sorry just to clarify, my sister in law died before my mother in law January 2018 my mother in law died December 2018.0
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My mother in law had lost her husband and had three children, her son passed away leaving two children, my wife is still here with two childen, her sister passed away leaving no children
As your wife's sister didn't have children, what would have been her share gets redistributed between the two siblings.
As your wife's brother left children, his half of the estate is divided equally between them.
Your wife inherits the other half.0 -
With no Will, he has absolutely NO access to a penny.
All intestate money always goes to bloodlines. Up, down, sideways ... doesn't matter which, but the blood must be present. He has no family blood.0
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