So far off topic you may not be able to see it..

[Mark Williamson]

QUOTE

QUOTE

I think that the one acting alone is wrong. I think that the husband should be entitled to a fraction of the estate in his own right (one third or one half, I don’t know) and that the will should only apply to the remainder of the estate.  I also think that he has some claim to live at the property as it’s his home.

Nope, there is in this country no automatic entitlement to any share of an estate if a Will has been left (it's different on intestacy where there is no Will).  If the husband has been left a quarter of the estate in the Will, a quarter of the estate he gets.  The house forms part of the estate, assuming it was in her name alone.

The husband might have a claim under the Inheritance (Provision for Family and Dependents) Act 1975 if he can claim that the Will does not make 'reasonable provision' for his financial needs.  Bringing that claim would require an application to court, however, which could (as has been pointed out here) get expensive, messy and unpleasant.

If they have lived together as man and wife for 10yrs, a portion of the property must be his? Not all belonging to the wife?

Mark

[stephenh]

QUOTE

I think that the one acting alone is wrong. I think that the husband should be entitled to a fraction of the estate in his own right (one third or one half, I don’t know) and that the will should only apply to the remainder of the estate.  I also think that he has some claim to live at the property as it’s his home.

Nope, there is in this country no automatic entitlement to any share of an estate if a Will has been left (it's different on intestacy where there is no Will).  If the husband has been left a quarter of the estate in the Will, a quarter of the estate he gets.  The house forms part of the estate, assuming it was in her name alone.

The husband might have a claim under the Inheritance (Provision for Family and Dependents) Act 1975 if he can claim that the Will does not make 'reasonable provision' for his financial needs.  Bringing that claim would require an application to court, however, which could (as has been pointed out here) get expensive, messy and unpleasant.

If they have lived together as man and wife for 10yrs, a portion of the property must be his? Not all belonging to the wife?

Mark

No.

[Blatman]

No such thing as a "common law" wife / husband...

[John Loudon - Sponsorship Liaison]

It sounds to me as if the one who wants to sell has ill feeling towards the husband or he is in desparate financial trouble. I agree that the other 3 should try and buy him out or, the husband raise the capital to buy all 3 of them out

[DanB]

No.

Correct.  There are circumstances in which hubby could claim that he owns part of the beneficial interest in the house, such that only part of the beneficial interest in the house would be within the estate, either under a constructive or resulting trust.  However, that would usually require him to have contributed towards the cost of buying the house or for there to have been an agreement between him and late wife that he should be a co-owner.

Other than that, he takes no interest.  You can live with someone for decades as man and wife, but you get no interest in their assets in the absence of any agreement to the contrary.

[DerekJ]

No.

Correct.  There are circumstances in which hubby could claim that he owns part of the beneficial interest in the house, such that only part of the beneficial interest in the house would be within the estate, either under a constructive or resulting trust.  However, that would usually require him to have contributed towards the cost of buying the house or for there to have been an agreement between him and late wife that he should be a co-owner.

Other than that, he takes no interest.  You can live with someone for decades as man and wife, but you get no interest in their assets in the absence of any agreement to the contrary.

Oh Gods. I wish families were as easy as engines and cars! As has been said, I'm staying well clear of this as the fall out could get nasty.

I'm surprised at the comments that the husband is not entitled to his share of the estate though. Even if the house was owned by one party before the marriage, the other was jointly paying the bills, even if not directly paying the mortgage.

Also, if a couple were not married but lived together for some time then seperated  they (as I understand it?) should split their assets 50:50 even if the major asset (house / pension / personal fortune) was owned by a single partner before they got together. Or am I wrong?

Again guys,

Thanks for the  comments and advise.

DerekJ

P.S.

Throttle sticks wide open while testing a new set-up in the garage. Con rods fly out through the engine case, crank shaft spat out through the radiator, cam shaft bent in half.  Ho Hummm, mop up the oil, get some new bits and it's back together in no time.

What your Bill said about our Florry down the pub last night! Pistols at dawn and a family rift that never heals.  

DJ

[pete g]

if you have to use a solicitor phone around upto 10 different ones and get quotes and advice

most give upto 30 min free cheapest not always best.

but a good one you will soon tell by his answers

he should be able to tell you the right answers and how much it will cost to sort out.

my experience was most the ones i phoned never had a clue or was only interested in making it sound long winded and expensive.

finaly found one who was expensive per hour but told me he could sort out my problem and how many hours it would take

he was spot on charged me exactly what he said and saved me a fortune.

so my advice is phone up some now and ask the questions and get some quotes.

even if you dont go down that route .your get some good advice free.

  i found citizen advice rubbish  sorry

got better advice off here