No Will left by father of 10
Mr W was very traditional in his ways and the house he and his wife lived in was owned in his sole name. As far as he knew, this was the way that things were always arranged, as far as he knew. He has no idea that the ownership of the property would cause problems for his wife after he passed away.
Mr W died what is known as 'intestate' - he did not leave a legally valid Will setting out what his wishes were on death. Although Mr W had worked hard all of his life, he did not have much money and the house was the main asset in his estate. Sadly, because of the way the law works, when someone dies 'intestate', an unexpected result occurred. Mr W's widow had expected to inherit the house when her husband died, but this was not the case.
The rules that apply on intestacy meant she inherited only a share of the house, not all of it. Her 10 children also inherited a share. Mrs W's 10 children were all adult, and some had moved abroad and lost touch.
Access Legal from Shoosmiths advised Mr W's widow and were able to handle her case sensitively and professionally. After months of correspondence and negotiations, Mrs W's 10 children all agreed that the most important thing was to make their mother feel secure in her own home and to ensure she was not vulnerable in any way.
We drew up a 'variation' to the intestacy rules and Mrs W had the reassurance of knowing she would stay living in her own property. Mrs W quickly realised the importance of having a Will in place and made hers with our help.
