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Can a spouse make a claim for a house

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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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  • Keep_pedalling
    Keep_pedalling Posts: 20,879 Forumite
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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.
  • Flugelhorn
    Flugelhorn Posts: 7,333 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    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
    carers
  • Brynsam
    Brynsam Posts: 3,643 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper Combo Breaker
    Just to clarify - your sister in law died before your mother in law?
  • konark
    konark Posts: 1,260 Forumite
    Brynsam wrote: »
    Just to clarify - your sister in law died before your mother in law?


    And left another (living) person's money to her husband?


    Optimistic.
  • kangoora
    kangoora Posts: 1,193 Forumite
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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.

    I think you mean his wife inherits 50%, not his mother?

    Assuming his wifes sister passed away before the mother-in-law
  • Sorry just to clarify, my sister in law died before my mother in law January 2018 my mother in law died December 2018.
  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    pothole50 wrote: »
    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.
  • PasturesNew
    PasturesNew Posts: 70,698 Forumite
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    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.
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