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Thomas
Thomas, Solicitor
Category: UK Family Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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My husband aged 91 has been coached by his son to alter the

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My husband aged 91 has been coached by his son to alter the way our house is held.For 25 years we were joint tenants and suddenly without warning me we are now joint tenants.We have been married for 30 years and I have been acting as sole carer although I am 79.I have been doing everything in the house without help from anyone up until he allowed this to happen, now I just do the bare essentials for him. When we married,we both sold our houses and bought and built this house, putting in the same amount of money. In fact I have put in more. He has 3 sons who now take him for a very short time at weekends sometimes, just for a meal and then home.
I feel most slighted at this change of the way the house is held as I am now the only one in the family who's house is left this way.It was in both our original wills that at the end of both our lives, the house would be divided between the sons.
My husband has 54 acres of agricultural land worth 25000 but in his new will I am to get only the rent from the land for life, which is nominal as his son is the farmer,of 4000 per year.
This is all 6 months ago and I cannot get rid of the feeling that I have been treated badly. Is there anything I can do to improve my situation.
Patricia Nix.
Submitted: 3 years ago.
Category: UK Family Law
Expert:  Thomas replied 3 years ago.

Hi Patricia

 

Should your first sentence read that you have held as joint tenants but this has now been severed so that you hold as tenants in common?


Tom

Customer: replied 3 years ago.
yes, you are correct
Expert:  Thomas replied 3 years ago.

Hi Patricia,

 

The basic position is that you cannot change the way you hold your interests back to joint tenants unilaterally, you would need the consent of your husband to do this. There is nothing that you can do about it now to rejoin the tenancy to a joint tenancy I'm afraid. That is a persons right.

 

His interest would pass according to his Will. If you suspect that your husband has made and executed his Will under duress from his son, or that he lacks the capacity to do so then you should speak directly to your solicitor about this.

 

A person can make a claim if they are not provided for in a persons will after death if they can show that they were wholly or mainly financially dependent upon the deceased prior to death under the Inheritance (Provision for Family and Dependent) Act 1976. This would require an application to Court to be made within 6 months of the date of the grant of probate, it is fairly costly in legal fees as well. If you have a solicitor who is familiar with your specific position in this regard, but if your husband has made provision for you to an extent then your prospect of success in this application is decreased I'm afraid.

 

A further matter to consider is that if you have in fact contributed more to the financing of the property then you could consider asking your husband to execute a declaration of trust stating that you own a greater percentage of the equity in the property than he.

 

Sorry it could not be better news.

 

 

If this has been useful please kindly click accept so that I am rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

 

Kind regards,

 

 

Tom

Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 6518
Experience: BA (Hons), PgDip, Practising Solicitor
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