I WRITE to bring to your readers’ attention what I regard as a serious anomaly in the Law of Succession, that is in the way in which the law deals with what rights the surviving partner of a marriage has on the death of the other.
Recently a client came to see me and it turned out that in the will of her husband of more than 20 years she was excluded from inheriting the matrimonial home since the title to it was in the sole name of her husband. His will had been framed in such a way that all she would be entitled to is what is called a Liferent. This means the right to stay in the house until her death or until she took up with somebody else and in the meantime she would be responsible for all the outlays connected with the house such as council tax and repairs and maintenance.
Had her husband not left a will she would have been entitled to the house itself and a further substantial share of her late husband’s liquid assets. Had there been a divorce before her husband’s death again she would have been entitled to a half-share of the house and a share of the assets to be determined by the court.
The present situation results in the possibility of a manifestly unfair result for widows and it is almost always widows who have the misfortune to have a husband of the old school.
Bransislav Sudjic,
Black & Guild Solicitors,
38 Hunter Street, Kirkcaldy.
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