Civil Wills FAQ

Frequently Asked Questions

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Q1. My husband and I have been married before. I moved in with him, into his house and then we later got married. We moved and I loaned him money for the new property as we had a cash flow problem. The new house is still in his name. In his will he has left this to his only son. I will have money to live on that he will leave me. Am I entitled to any share of the house upon his death, should he precede me? He says that I can live in our home and that this is in his will. His son and also his daughter in law love our house and have made it clear that they intend to live here. I am in my seventies and feel very insecure. I love my husband but feel that after a long marriage and me contributing to finances for many years, somewhat cheated.
I haven't made a will as I don't feel that I have anything to leave!

Q2. My husband and I separated nearly five years ago the family home is now all in my name, I have teenage children and would obviously wish for them to be the main beneficiaries, If this is stated in the will: would this override the fact of the marriage and as the house is around £330,000 what would be the best option on the inheritance tax????

Q3.
Capital Gains Tax on death

What is the most tax efficient way to minimise CGT liability when disposing of shares held in the estate of a deceased person?

If a personal representative/executor sells shares and realises a gain up to the CGT free threshold are they or the beneficiary/beneficiaries liable to CGT on the cash from this sale?

Q4.
My dad divorced Mum and had been living with a lady for 10 years

Hi my dad died a few days ago without making a will. He was divorced from mother a long time ago and has been living with someone for the past 10 years but never remarried. I am one of 4 children and when we started to talk about the funeral his partner kept on saying there was no money in the estate and that he has no bank accounts. Is there any way we can find out if this is true? as we are to believe that have recently brought another house. I hope you can help.

Q5. My brother lives at my parents house, doesn't work by choice and doesn't sign on by choice, my mother has said that she wants him to have their house upon their death as I am married and have a house (on a mortgage and still paying), as yet I don't think there is a will, how do I stand if they die without a will, can I force him to sell and get my natural inheritance and in the event of a a will clearly giving him the house can I appeal.

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