Contesting Wives Trust

[Steng79]

My wife died in November 2021 and left funds under her name into a trust. This trust is for the benefit of our kids for when they reach 25. However unbeknown to me, she converted the ownership of our house to Tenants in Common and left her share into the same trust. This has meant that my wife left no financial provision for me to support our 4 children between now and when they reach 25. I want to contest the will and trust, but have been told that as she did everything technically legally (if not morally) that there is very little chance of me acquiring full ownership of my home and any funds from the trust to help support my children. Is this true?

[DE DOGS]

All I am going to say is Mums do the things you don't expect. My Dad when our Mum died left the house lock stock and barrel, to our youngest Brother. Mum was listed as the owner, yet Dad paid for it, when our Dad went with me to read her will he was devastated his words were to me I lived with your Mum all of my life and she did this to me.

[des8]

You might be able to make a claim under the Inherirance (Provision for Fami9ly and Dependants) Act 1975 as you are the spouse of the deceased testator who has not made reasonable provision in the circumstances. refer sec 1(a) & 2(a).

Any claim needs to be made within 6 months of the grant of probate (altho' the court may grant an extention)

Your course of action will depend on the actual wording ofthe will/trust

Suggest an initial free or fixed fee consultation with a solicitor who specialises in contentious litigation,


PS surprised you were unaware of the the conversion ot your joint tenancy to tenants in common because you should have been informed.
Don't think you can challenge the change however as your agreement would not have been required

[atticus]

what would you have done otherwise?

[Sam101]

DES8 is quite correct in suggesting that you may have a claim, however I do not think that claim would include her ownership of the property.

You said that (This has meant that my wife left no financial provision for me to support our 4 children between now and when they reach 25), so how does leaving her share of the home to the children reduce your financial provision to support your children?

Is there provision in the Will for you to remain in the property and to use the full property whilst you are still there?

[Sam101]

what would you have done otherwise?

Is this a question for the OP ?

[atticus]

it is. You and I posted similar points at the same time.