Is she entitled to anything?

[jaycee401]

My elderly father in law has been diagnosed with cancer and has just weeks left to live. He has been married to my mother in law for 32 years; the house is in his name only and was bought with the proceeds from my father in laws previous property 25 years ago.
Mum in law has 6 grown up children; none fathered my father in law. He has a grown up son from his first marriage (first wife died). His son has had nothing to do with his father since he married my mum in law and only turns up when he hears if his father is ill, and that’s only to see if he is going to die, harsh but sadly true! Father in laws Will states for everything to go to his son (property and cash) but mum in law allowed to stay in property until she passes away.
Now he has been diagnosed mum in law is worried if when he dies she will be left with nothing, will she be able to contest the Will and/or would she be entitled to a share of the property and any monies left, the property is worth around £180k and bank accounts shares etc £100k, he also has state and private pensions.

[wolf63]

I know nothing about the legal side of it but has your FIL considered changing his will to ensure that his wife is taken care of?

[jaycee401]

Thats the problem we have, he will not change his Will, for some reason he wants his son to have it all.

[ubasses]

A Will can be contested if no provision has been made for a dependent whether providing her with a roof over her head for the rest of her life would be considered sufficient I do not know. He probably wants to ensure that the property eventually goes to his son, as leaving it to your MIL means that she could leave it to her sons on her death which he may not want.
If he is still capable she needs to talk to him, he may be prepared to leave her some of the cash, or income from the other assets to help her if she has no money of her own
Hopefully one of the legal people will see this later and give you some more info.

[pretty_snowdrop]

Surely half the property and money belongs to your mother in law since they are married ( even though his name is on the deeds). So his son will get half the money and only half of the house when your mil passes away.

[ubasses]

http://www.contesting...-a-will-provision.php

The above link will give a bit of an idea what would be considered.

[boxtops]

it's not automatic, snowdrop, not if the Will says it's all going to his son.

[cathfromsaron]

having rcently made a will and been advised on what NOT to do, i would say, it is only fair and uncontestable if she gets residency in the house for her remaining lifetime *and* some cash to live on meanwhile ... without cash to maintain the property and to get by, she would probably have a claim against the estate, so your FIL should ensure the wording of the will is correct to avoid this!

your FIL obviously doesn't want to give an inheritance to his wife's children!

cath x

[tamborine]

S'pose is too late to divorce him & claim half the estate....

[themas]

She may have some entitlement to his private pension. That depends on whether it is one which carries a spouse pension. If it does, she will get that unless he has the freedom under the pension scheme rules to nominate it to someone else and has done so.

I agree with other posts - she needs to have sufficient cash left to her to enable her to look after the house, otherwise it could deteriorate & be of less value to the son when he eventually gets it.

[Barmaid]

assuming f-i-l is domiciled in England and Wales, she will be able to claim as a surviving spouse under the INheritance (Provision for Family and Dependents) Act 1975 for reasonable financial provision. As the spouse she would meet the higher standard of "reasonable financial provision whether or not required for her maintenance". Without knowing ALL the facts, it is impossible to quantify though.

[joko]

surely as a married couple half the house is hers - so regardless of what the will says, you cannot will away something that does not belong to you.
he can only will his share - not hers...

[hc4361]

No, the law doesn't work like that, joko.

[joko]

hc... how does it work then?
are you suggesting that if i own something jointly with another person, they could will it to whoever they want and i'd have nothing?

[tamborine]

This property is owned by husband & not jointly with wife. Hubby can Will it as he sees fit.