Inheritance

[jess131]

My step father in law is dying of cancer, whilst he was still in fairly good health he made a Will and is leaving everything to my partner (his step son). He has a blood son but they have not spoken for years and he did not want to leave him anything. He also has 5 other step children but is only close to my husband, the others never wanted anything to do with him. Even though he and his wife have been married 28 years, they have only really stayed together for staying togethers sake! They never went anywhere or did anything after the first couple of married years. When they married he already had a fully paid up house and quite a stash of money in the bank, she had nothing only debt! He is not leaving her anything, but she can stay in the house until she dies and she will receive so much of his private pension when he dies. My husband is now power of attorney and when step dad dies his will states that his stepson (my husband) gets all the money and the house but his mum is allowed to live in it until she dies. She was quite happy with this arrangement. Now though, stepdad is in a nursing home, she refuses to visit or phone him, to her he is dead. She now wants new furniture but my husband is reluctant to buy any until stepdad passes away but she is getting very arsy about it, so hubby has decided whatever she wants she just gets. My husband now thinks she may be begining to resent the fact that her husband has left her nothing and will contest the Will. All along though I thought she would of been entitled to something seeing as she is his wife?? ps he has worked all through the marriage up to retiring, she never worked.

[jess131]

she is also an executive of the will

[makaylagardner6]

Is this a standard will?

[jess131]

The Will was done through a solicitor

[Barmaid]

Right under the LPA, your hubby can make payments for people for whom your FIL is reasonably expected to provide. Thus he could buy new furniture for the wife, but as has been said above, she has no absolute right to it.

Once FIL dies, the LPA ceases immediately and has absolutely no effect. It has been pointed out above that the wife can make a claim for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975. Her claim will be on the higher standard (the spouse standard) which is "reasonable financial provision whether or not required for maintenance".

I can't possibly say whether she would be successful without knowing all the facts, but unless she is wealthy in her own right, I suspect the Court may make some additional provision. What will be significant in this case is the length of the marriage (28 years). Chris has set out all the factors in his post. However, there is an additional factor - the "deemed divorce" test. Ie would would the wife have received if the marriage had ended in divorce rather than death.

If after FIL dies she intimates a claim, your hubby needs to seek legal advice ASAP from a specialist.

[jess131]

Thanks all, most helpful.