​Teenager lost everything

Q. My son was separated from his wife for 10 years. Six months ago he died unexpectedly, at which point his wife kicked out my son’s 15-year-old daughter from his first marriage and sold the house for just £100,000. How can this be right? My son hadn’t made a will because he didn’t expect to die in his 40’s.

A. Under the rules for people who die without making wills the first £250,000 of an estate goes outright to the deceased’s spouse, and the remainder is split between the spouse and any children. Your granddaughter should make a claim on the estate as a dependant of the deceased, but she must do this within six months of the grant of letters of administration. She will be entitled to free legal help and should obtain expert advice as quickly as possible. She could challenge her stepmother’s administration of the estate if she can argue that the house was sold at less than its market value and that the true value of the estate should have come to more than £250,000.

Providing for children

Q. My father is remarrying. His wife-to-be has sold her own house and put the money into trust for her children. My father has made a will leaving the house to me should anything happen to him, and his partner has verbally agreed to this. I am slightly concerned that his new wife could contest the will.

A. This is a common situation and your father has addressed the difficulties involved by making a will. Many remarrying parents neglect to do this, to the ultimate dismay of their children. Presumably your father had the will drawn up “in contemplation of marriage”: otherwise it will automatically be revoked when the marriage takes place: you may want to check this. It’s unlikely that your future mother-in-law would be able to contest your father’s will successfully., given that her own assets have been carefully separated from your father’s. The will may allow her to live in the property after your father’s death however, so it’s unlikely to be a totally satisfactory arrangement for you.

Leaving loose ends

Q. My sister is in her 80’s and lives by herself with no family of her own. She is now at the stage where she can’t be bothered to keep her affairs in order. My concern is that her will leaves everything to my mother, who has been dead 17 years. What is the position where a will leaves everything to someone who is no longer alive?

A. The gift will fail, and the estate will be distributed as if she hadn’t made a will, ie under the intestacy rules. If your sister has no husband or children and your parents are no longer alive, then brothers and sisters are next in line. Unless you are named as an executor in her current will you would have to apply for a grant of letters of administration when she dies. She could give over control of her affairs to you by signing a lasting power of attorney.

If you have a legal problem, write to You and the Law, Room 101, Western

Morning News, Brest Road, Derriford Business Park, Plymouth, Devon PL6

5AA. or leave your query on our Legal Adviceline 0117 964 4794.

Tracey Wright is a partner and head of the Wills, Trusts & Probate team at Nash & Co Solicitors LLP, Beaumont House, Beaumont Park, Plymouth. Tel 01752 664444 or email law@nash.co.uk Website: www.nash.co.uk