Matrimonial Home Rights

[sunshine123]

Can anyone advise me:-

My uncle (widowed with one son) owns a house outright and his son by his widow lives in the house. My uncle has since remarried and he lives with his new wife in her house. I was wondering, if anything happend to my uncle ie he died, would his new wife have a claim over the house in which my uncles son is living as he has not made provision in his Will that the house be left to his son - im assuming if my uncle died his current wife would be entitled to his estate and could if she wanted to, force my cousin out of his home?

[MustafaTickl]

If the house is held as a joint tenancy with the new wife then it goes automatically to the new wife.

If as a tenancy in common then his share goes to whoever it is willed to.

If as sole proprietor either (a) to whoever it is willed to, or (b) without a will disposed of under the intestacy rules.

[fredpuli47]

If he has made a will 1 ) since or at the time of marrying his present wife or 2 ) before marrying her but expressed or plainly intended to take effect on that marriage ( " in contemplation of marriage" ) then that will is valid and whatever it says about the house in which his son lives will dictate what happens to it. . If it passes to his present wife then she may do whatever the owner of that house is allowed to do, including evicting your cousin (assuming that he wasn't a paying tenant or holding some lease of years of his father). The uncle should be invited to change his will to give the son the right to remain, that effect being pointed out. He might not have thought of that as a possibility. He might think that his new wife would never do that. He might mistakenly think that the son has an automatic right to remain.If he is plainly set against the idea then at least the son knows where he'll stand.If he is in favour then he should get a solicitor to prepare the new will or make an addition (a codicil) to the existing one. Don't try to do this as an amateur!