Q&A: Widow left in limbo seven years after husband died with no will

The clear assumption must be that he always expected his wife to continue living in “their” home and to enjoy the use of the money set aside “for her”. But he’s not around to clarify that and that means the law takes over. And this always means that things become very black and white.

That includes the family home. He could and, assuming he wanted her to live on there, should have put the property in both their names during his lifetime. In that case, it would have passed to her automatically under something called survivorship – ie, as the surviving owner, she would automatically assume full ownership – when he died. If he had, even without a will, she would at least have had the security of full ownership of the house.

I am not clear what the solicitor is doing in telling your mum that she can “buy anything she wants and he will pay for it”. I assume he is keeping a tab on expenses so that it can be reconciled on the eventual distribution of the estate, but does she know this for a fact?

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