Claim on an estate

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Without going in to too much detail (on my part) can a second husband contest a will that leaves a second home (not marital home) to step children that was solely in his wife's name but he claims was bought with his money (from inheritance) and went into her name purely for convenience at the time. Even though he is adequately provided for (with hundreds of thousands in the joint bank account) and a family home (bought by his wife but put in joint names) and has himself never worked and always lived off his wife. In short he came to the marriage with nearly nothing and married someone wealthy with a good income. Under what grounds, if any, would he be able to contest the will/make a claim against the estate in the uk.

So in the wife’s will she has left her house to her step children (unrelated to her current husband)? Unless he can prove that he was financially hard done by and needs this house to survive I don’t see what grounds he would have. I don’t think it matters even if he could prove he paid for the house if it’s in her name she can leave it to whomever she wants.

Are the people involved all still alive?

Are they her children from her first marriage which makes them his step-children?

Are you one of the step children and this man is your step father, the woman your mother?
She died, left the marital home and cash to her husband, another property to her children and he wants thatbtoo?

Too complicated to follow but what I can work out.....no idea. If he can prove the house was bought with his then maybe.

I think more clarity is needed.

The husband is still alive and the woman has died leaving property to her children. I am one of the children and trying to establish if that is a claim where you can say basically that the property wasn't hers to give as purchased with his money. He was made executor and we are in a weird state of not knowing anything apart from that he is aggrieved and have not yet sought legal advise because nothing has really happened and my mother died 6 months ago.

Soontobe60 - it is exactly as you said!

You need legal advice ASAP.

He potentially has a claim under the Inheritance Act 1975 if he can prove reasonable provision has not been made for him. He should make a claim within 6 months of probate being granted. Alternatively he may have some constructive trust/estoppel argument if he claims he paid for the house or they had an agreement as to what was going to happen to it.

I know it's almost impossible for a parent to exclude a child from an inheritance, whatever the will says. Certainly as her husband he can contest the will but whether he will succeed is impossible to say without knowing the whole picture.
I would echo what ourkidmolly said and seek legal advice if this is what he plans to do.

I certainly think any claim that reasonable provision has not been made would not be successful due to the sum already left to him but wondered more if there was a claim where he could say that the property’s wasn’t hers to give. You are right though, I do need legal advice and will be seeking it. In the meantime I have reposted in legal as I couldn’t see that area initially and really I should have posted in there.

"but wondered more if there was a claim where he could say that the property’s wasn’t hers to give."

That would likely be the constructive trust/estoppel argument depending on the exact facts.

Thanks everyone. I will seek proper legal advice.

If the husband has been adequately provided for in the will it's unlikely he will have much luck in contesting a will.