The Crusader: Succession conflict leaves husband fearing eviction | The Crusader | Finance
Difficult issues of ownership, financial contributions, inheritance and personality clashes have created a ticking time bomb for the retired carpenter whose sporadic attempts to safeguard his situation have so far come to nothing.
His married home is owned by his wife who has been reluctant to commit to him co-owning the property despite him contributing to bills and its upkeep. A protective mum, she has now left it to her adult son by a former marriage, but he’s is a hoarder wanting space and divorced, if my wife dies I could be left with nothing. I’m panicking and at the end of my tether,” Ben confessed to Crusader.
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To help Ben achieve a fair outcome we asked leading law firm Lodders Solicitors to advise. In a joint contribution from private client partner Michelle Gavin, acting head of Family Law Vivienne Middleton and dispute resolution senior associate Anjali Narshi, they mapped out the main matters confronting him and any grounds for challenging them.
“Ideally, your wife would make a will that leaves you a ‘right to reside in the house’ that has been your home since 1969 (or any other property you both occupy at the date of her death). This would allow you to live there without paying rent or being expected to share the property with anyone else. You would be responsible for property outgoings and keeping it in a good state of repair. On your death or remarriage, the property would then pass to her son,” they explain.
It is also possible to make the ‘right to reside’ flexible, a request the trustees (the decision makers) looking after all the beneficiaries of the will could consider in what is a Life Interest Trust.
If Ben’s widow leaves the house entirely to her son, then there is a strong argument in his favour that she has not made ‘reasonable provision’ for him and entitling him to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975. The court would also consider his wife’s wishes.
It is crucial for Ben to consider his own legacy and will. “If he dies first without one, the intestacy rules would apply, and his wife would benefit the most by default,” Lodders points out. “That may be acceptable, but if he wishes for a different outcome, he should seek appropriate legal advice.
There is also the possibility of what’s known as a ‘proprietary estoppel’ claim which centres on if Ben’s wife promised to leave him half of the house and he relied on that promise to his detriment.
“Will disputes are stressful and expensive for all involved,” Lodders warns, recommending for Ben “the best course of action is to work together now to draw up a Will that is fair, reasonable, and provides appropriately for both you and your stepson”.
A further consideration is that should Ben’s marriage break down and he were to divorce. Ben would achieve financial certainty (either through negotiation or financial remedy court proceedings). Although the house originated as “non-matrimonial” property (owned by his wife before the marriage), it has been your shared matrimonial home for over five decades, which is significant. Depending on the value and type of other assets upon divorce, you may find the family court could award 50 per cent or more of the family home to you.
You should also consider registering a Matrimonial Home Rights Notice to protect and provide legal notice of your right to occupy the property. Additionally, a post-nuptial agreement, if terms can be agreed between you and your wife, could provide a remedy to avoid an expensive dispute arising from a divorce at a later stage.
