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Would appreciate input

(6 Posts)
Twims Fri 19-Sep-08 20:42:40

CASE

G & Y married for 28 years, 2 children, G works away from home, for the past 3 years G works away from home and leads a separate life from Y coming home occassionally to see the children, and Y. G continues to contribute to the household. After 3 years Y is informed by G that he has terminal cancer and has been living with another woman Z.

G and Z are apparently very happy, and have a shared home, been on holiday, have mutual friends,joint bank accounts - all that a couple of 3 years have.

G stays with Z and battles cancer, eventually passing away, Y finds out that G has severed the tenancy on their family home, shutdown their mutual accounts and spent the money (joint savings totalling £40K)

When G dies, Z and his family arrange a funeral, Y and the 2 children are not informed or invited but attend anyway.

G's will state that 1 of the children recieve 1/2 of his estate and Z recieves the rest - the main bulk of the estate is the family home. So Y owns 1/2, 1 child owns 1/4 and Z owns another 1/4. Z would like her 1/4 share of the property. Y does not want to sell up or give Z her 1/4 share due to Z hving spent the savings with G.

If you were the magistrate in who's favour would you rule or what would you set down as the result of this case, or as a lawyer what would you advise your client?

katz Fri 19-Sep-08 20:45:00

i'd talk to hulababy her hubby is a fantastic probabte solicitor, send her a message.

Twims Fri 19-Sep-08 21:12:19

Thanks

Hulababy Sun 21-Sep-08 21:16:25

I'll send details to DH at work to look at tomorrow, and pst any suggestions/comments.

nervousal Mon 22-Sep-08 10:24:34

If they are still married doesn't Y automatically inherit (even if will leaves to someone else?)

Hulababy Mon 22-Sep-08 19:27:08

From DH (probate solicitor):

"she has a very strong case under the Inheritance Act; would be looking at at least at amount entitled to on divorce. She needs to go and see a solicitor asap."

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