Wife's rights if her husband dies

[Lambzig]

My MIL has a close friend who was in tears to her on the phone yesterday. Apparently, in looking for some other paperwork, she found her husband's will and he has left everything to his estranged daughter from a previous relationship who MIL's friend has never met.

Friend has been married for 38 years, never worked, they have 2 grown up children of their own. The house and all the finances are in husband's name and they are quite wealthy.

According to MIL this man is not very nice to her friend and an "absolute arse" that they put up with just because of friend.

Surely she has some rights to the matrimonial assets and he can't just will everything away from her? MIL thinks she should divorce him quickly so that she would at least get half.

I think she should see a solicitor, in secret, fast.

I'm sure she will have rights, even if things are in his name only - but she really does need proper legal advice. Citizens Advice Bureau might be able to help her, or some solicitors will take an initial look without charging a fee.

If she is in tears at his latest unpleasantness, then a divorce sounds like a great option, but she may not be in a place yet where that seems her preferred option after so long. and for her.

She will have a claim under the Inheritance (Provision for Families and Dependants) Act 1975. She will need proper legal advice from a lawyer who specialises in contested probate. Assuming they are still together when he dies she should receive at least as much as she would have got if they divorced and could get more.

Is she really sure its the most up-to-date will? Could it be an old one from before they got together and had children? Maybe he has had a more up-to-date one drawn up and stashed away somewhere?

From way I gather it was dated recently.

I have only met the friend a couple of times, but from what I hear she has been completely under his thumb and has no independence, but has been unhappy for years and years. Apparently, it's very much 'his money'. She is very quiet, a bit old fashioned and I can see she would be a pushover.

I will tell MIL to try to persuade her to see a solicitor so she understands her rights.

Thank you prh47bridge, it's useful to know she won't be left penniless, which is her fear. She is terrified that her home that they chose together and she has lived in for 38 years, could just be sold out from under her (beautiful arts and crafts country house, so worth a fortune on its own).

It makes me so sad that she can be left so scared and with an uncertain future after 38 years of marriage).

What a nasty thing to do! She needs to see a divorce lawyer I think!

As prh says, she has a claim under the 1975 Act for "reasonable provision".

There's a poster on here, "Poshfrock" who I believe is a solicitor specialising in contested probate, who may be prepared to advise. I'm a will writer but don't do probate. Contested probate is a specialist area so Poshfrock may well be able to help.

Thank you, I have passed all the advice on. The house is in his name only apparently, but she has always been told that he will leave everything to her with a specified cash sum going to the two children.

I have also strongly suggested keeping quiet until she has some legal advice. She doesn't want to tell the children at the moment

If anyone has a recommendation for a solicitor in the Bath/Wells area it would be very appreciated.

Only just seen this post. Thanks for the mention mumblechum. I am a probate lawyer and work for a firm with a specialist contentious probate department although we are Yorks/Lincs/Notts based so not really close to the OP.

There is not much that MIL'S friend can do at this juncture other than have a frank discussion with her husband about her financial future. I must admit I would be surprised if he has not made any provision for her at all because she will clearly have a substantial claim against his estate on his death if she has been left nothing. It is possible that he has left her a "life interest" in his property, ie a right to live in the house and receive an income from his investments but with the underlying capital passing to his children on the friend's death. Some of these types of wills are cloaked in legal jargon so she may not have appreciated the point.

After 38 years of marriage she will be entitled to a very substantial portion of the estate. If he has a private pension then she is likely to get a widow's pension on his death which would be dealt with outside the estate, but I would be very surprised if that were deemed sufficient to house and otherwise provide for her.

Has she made her own will?

Divorce him while he is still alive and she will get her fair share of everything!

The general rule is that the starting point for a spouse claiming under the Inheritance Act is the amount they would have received if the marriage ended through divorce rather than death. She should get her fair share of everything regardless of whether she divorces him now or waits until he dies. And as poshfrock says it is possible that she has failed to understand the legal jargon in her husband's will.

Thank you for this.

She is ver comforted by the idea that she might have got this wrong, apparently she has had an harrowing Christmas, but it is clear nothing left to their DC. She has an appointment with Thrings in the new year as she can't go to the family solicitor. MIL going with her.

She does have a will leaving everything to her children apparently.

She is not on the deed. The most urgent important thing to do is to register at the Land Registry her wife's right of occupation of the matrimonial home - simple form. It means he cannot give the house away or remortgage it without notice to her.

Second thing is take legal advice ni secret about whether a divorce would get her more protection and money or a claim under the 1975 Act.

She might also want to take out a life policy on his life in case he dies and leaves her with very little.