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Legal matters

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Any inheritance lawyers around?

3 replies

Billoddiesbeard · 16/03/2018 19:56

Brief description of my query:
My DFiL passed in August last year. His will was written very clearly, in that all money - up to iht limit- was split equally between my DH and his sister.
Any residual estate went to his wife.
His wife has the right to live in their house for the rest of her life and then the house is split via a discretionary trust between DH, his sister and DFiL wife's 3 children.
His wife has his pension (approx 15k per year), her own work pension of approx 10k as well as state pensions and any monies in held in joint accounts. (Again approx 20 - 25k)
This means she has an income of about 30k per annum.

FiLs money was split in the will this way because the bulk of his money was inherited from DMiL when she died 20years ago.
Basically DH and his sister will receive about 180k each, but there is no additional residual estate.

FiLs wife has now put in a claim through the 1975 dependency act requesting £75k of the money on top of the pensions and a rent free house for life stating the will has not provided adequately for her.

She and my FIL married 12 years ago and brought the house together, from the joint sale of their respective properties. She brought no other finances to the marriage.
I guess what I'm asking is does she have a case to get this money or is it worth DH and his sister challenging to enable them to inherit what is basically their late mums legacy?
Thanks in advance and apologies that it was a longer query than I first thought!!

OP posts:
MummaGiles · 16/03/2018 20:00

I think you (your DH and his DS) need to take legal advice. The provision for dependants act is complicated and claims are extremely fact dependant.

OutyMcOutface · 16/03/2018 20:09

I assume the will was written after they married (if not then give her what she wants otherwise she could take everything). Assuming that it wasn’t you will probably be better off settling. Otherwise you will end up spending more than the disputed sum in court.

Billoddiesbeard · 16/03/2018 20:35

Thanks for your prompt replies.
The will was written after they were married, so I think the advice to see our solicitor and agree a lump sum is the best way forward.

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