A husband lost his wife and then found out that the house that he had been living in was 40%

owned by her previous partner as tenant in common, and his wife only had a 60% share.

Under the Will the wife left all of her 60% share and all other assets to her children and

nothing to the husband. He now realises that he has no right to live in the house if things

cannot be resolved.

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Comments by Wills & Estate Specialist – Terry Johansson

As the spouse of the deceased wife, he is in the strongest position to challenge the Will, even

though the estate is only worth 60% of what he thought it was. His claim will normally take

precedence over any entitlement of the children, within reason. He can strengthen his claim

by claiming an equity in the property arising out of his contribution to the maintenance,

repairs, etc to the house over the years. He should be able to get a no win/no fee lawyer to

fund the litigation.

00683.6/CQ/LEE/20121578/AU/C/XXX/-/MSP/RQ/?