AIBU?
Inheritance
Idonkt · 19/03/2023 11:40
My mum and dad bought their house in 1992, it was owned jointly by them and both their names were on the deeds,
They were unmarried because my dad was and is not divorced from his ex wife, they split in the 70s and have no contact since.
When my mum passed away dad became sole owner of the house, he decided to leave me the house in his Will.
He is still alive and I live with him
We wanted to ask if he passes away could his estranged wife legally be entitled to the house as my dad and her didn't divorce.
Am I being unreasonable?
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LIZS · 19/03/2023 11:41
Potentially yes so he needs a will that specifies it passes to you.
PritiPatelsMaker · 19/03/2023 11:42
I'd ask MNHQ to move this over to legal matters. There will be a few things that could affect his situation including whether they are divorced and what financial arrangements order is in place.
Idonkt · 19/03/2023 11:47
He has named me as the sole beneficiary of the WIll he made
Needapadlockonmyfridge · 19/03/2023 11:49
Potentially yes.
He really needs to get divorced, and get good advice on his Will in the meantime.
Soontobe60 · 19/03/2023 11:52
Why doesn’t he just get a divorce? In the meantime, he could put the house in both his and your name as tenants in common. That way, she definitely couldn’t have any of your share! But, this would possibly impact on any benefits you may receive. The other thing to think about is that should, your DF need to go into a care home in the future, the house would need to be sold to pay for his care even if you still live there.
Id advise him to see a solicitor for this - there’s big implications.
Idonkt · 19/03/2023 11:53
I don't receive benefits and I would never have my dad put in a care home, I have help at home for him
LadyDancealot · 19/03/2023 11:54
She'll have a right to claim under the Inheritance Act. Whether she's successful or not is another story. Either way, the claim, if made, will cause you endless cost and upset. Voice of bitter experience.. It's vital your dad finalises his divorce as it may include a financial provision order.
WeeOrcadian · 19/03/2023 11:56
I'd say "yes" so he needs to sort the divorce ASAP
You might be post also posting on the 'legal' board too
Idonkt · 19/03/2023 11:57
My dad cannot afford a divorce would it be possible that he just sign the house over to me
Gymnopedie · 19/03/2023 11:59
As his wife made no contribution to the house, and you say there has been no contact since the 70s so presumably that means she is not in any way being financially supported by your father, then as long as your father's will has been drawn up by a professional, is clear about his wishes and is properly witnessed then she has no claim.
BMW6 · 19/03/2023 12:00
As long as he is still legally married she could challenge the will I believe?
Divorce doesn't cost a lot of money surely?
saraclara · 19/03/2023 12:00
Idonkt · 19/03/2023 11:57
My dad cannot afford a divorce would it be possible that he just sign the house over to me
Not if he already had needs that might result in him needing care (it's unrealistic for you to think you can always look after him). In that case it would be seen as deprivation of assets.
Catonthehearth · 19/03/2023 12:01
It would probably cost as much to arrange divorce as go down the legal route of transferring ownership of property to you. It could also be seen as deprivation of assets.
BMW6 · 19/03/2023 12:02
Why not contact citizens advice re getting a divorce after such a long time separated?
saraclara · 19/03/2023 12:03
Age UK's helpline is absolutely excellent for this kind of question. Give them a call. The fact that you live with your dad (have you always done?) and that the house is your sole place of residence (assuming that it is) might make a difference..
saraclara · 19/03/2023 12:04
BMW6 · 19/03/2023 12:02
Why not contact citizens advice re getting a divorce after such a long time separated?
Surely divorcing his ex would stimulate her being able to claim on his assets?
Gymnopedie · 19/03/2023 12:04
LadyDancealot · 19/03/2023 11:54
She'll have a right to claim under the Inheritance Act. Whether she's successful or not is another story. Either way, the claim, if made, will cause you endless cost and upset. Voice of bitter experience.. It's vital your dad finalises his divorce as it may include a financial provision order.
She will not have a right to claim under the Inheritance Act. That only applies to people who are being financially supported by the deceased at the time of their death and who have not been left sufficient in the will for their needs. There is no indication from the OP that that is the case.
2bazookas · 19/03/2023 12:13
If your father dies intestate (without making a legal Will) than his wife is entitled to receive a substantial portion of his estate, (including the value of his property).
He needs to take legal advice ad make a Will in your favour.
2bazookas · 19/03/2023 12:19
Idonkt · 19/03/2023 11:57
My dad cannot afford a divorce would it be possible that he just sign the house over to me
A no - fault online divorce would surely cost LESS than the legal costs of transferring ownership to you.
Gymnopedie · 19/03/2023 12:21
2bazookas · 19/03/2023 12:13
If your father dies intestate (without making a legal Will) than his wife is entitled to receive a substantial portion of his estate, (including the value of his property).
He needs to take legal advice ad make a Will in your favour.
He already has done.
DustyLee123 · 19/03/2023 12:25
It would be much less hassle to just divorce her on line, then do a new will. It’s leaving a potential problem for you if he stays married.
PritiPatelsMaker · 19/03/2023 12:29
My dad cannot afford a divorce would it be possible that he just sign the house over to me
Google "help with court fees". He may not have to pay the fee.
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