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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7476
Experience:  BA (Hons), PgDip, Practising Solicitor
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Please can you advise me, my parents divorced in 1983 after

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Please can you advise me, my parents divorced in 1983 after 30 years of marriage. My father remarried in Nov. 1990 he had inherited my paternal grandparents property where he had been living since his divorce from my mother, after his remarriage in 1997, he and his new wife lived at the property. He died in 1997 and his new wife continues to live in this property to this day. They had no children, do my sister and I have any claim on this property after the death of his wife as it belonged originally to our grand parents? if so how do we address this.


Janice Vaughan-Argent nee Baker
Hi
Thanks for your question.
To enable me to answer your question could you please respond to the following using the same numbering:-
1. Did your father have a Will
2. If so, who did this direct that the property should pass to
-
Kind regards.
Tom
Customer: replied 4 years ago.
I don't know if he had a will please so give me both scenario's
Hi,

Thanks for your reply.

If your father had a Will which stated that the property should pass to his wife then you would not be able to claim the property. In order for a relative to claim part of an estate which has been directed to other beneficiaries they would have to make an application under the Inheritance (Provisions for Family and Dependents) Act 1975.

To have an appreciable chance of making an application under this Act a person must show that they were to some extent financially dependent upon the deceased prior to the deceased's death. If you were not such, and were not otherwise dependent upon him then your chances of making a claim under this Act decrease dramatically. There is also a requirement that the apploication must be made within 6 months of the date of the grant of probate, so if the property has been transferring to his wife’s name already then you would not now be able to make a claim.

You should download a copy of the registered title for the property to check whose name it is actually in. You can do this here for a small fee:-
www.landregistry.gov.uk/wps/portal/Property_Search


If the property is still in your father’s name then you may be able to claim a portion of it if you can show that you were financially dependent upon him before his death.

If your father did not hold a Will then the property should have passed according to the intestacy rules. This would mean that his wife would get everything up to a certain amount £250, 000.00. Any amount over this would be divided in two with the first half of going to his children and the other half being held in trust for the children (with the wife having a right to income) until the wife died at which point it would pass to the children.

I would start by downloading a copy of the register. If it is in your father’s wifes name as a result of it passing by your father’s will then I’m afraid there will not be anything you could do about it now.

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Kind regards,


Tom
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