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Thomas
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Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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I am getting married next year. My fiance has said he wants

Resolved Question:

I am getting married next year. My fiance has said he wants to leave his house and farm, worth about £1.5-£2 million, to his daughters. I would get a small pension, but that's all. Is it legal for him to do this?
Submitted: 2 years ago.
Category: UK Law
Expert:  Thomas replied 2 years ago.
Hi,

Thanks for your question.

It is legal in the sense that a person may leave their estate to whoever they choose.

However, in the event of your his passing away and not providing for you then you may be able to make a claim against the estate under the Inheritance (Provision for Family and Dependent) Act 1976. You must make the application within 6 months of the date of the grant of probate in the estate and you will need a solicitor to do it for you.

The Court will consider what is a "reasonable financial provision" for you and will take a number of factors in to account in determining what is fair (eg. size of the estate, other claims, resources and needs of other family members/dependants, responsibilities the deceased had to you), each case turns on it's own facts and there are no hard and fast rules to work out what you are entitled to but in order to be successful it is essential to show that you were to an extent financially dependent upon your husband.

The pension could be construed as sufficient for the purposes a reasonable financial provision but it would depend on the size of the estate and the degree to which you were actually financially dependent on him.

Usually it results in negotiation between the claimant and the beneficiaries without actually going to court and agreeing a settlement.


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Kind regards,


Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6290
Experience: BA (Hons), PgDip, Practising Solicitor
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