Second wife left out of Will, UK

[philippas]

This question is actually regarding my mother living in UK, but am interested in any advice given on this forum

My mother and her husband (IN UK) both remarried for the second time. He passed away recently after being married for 11 years. In his will he has left nothing to his wife and that everything is given to his own children
Does my mother have any rights in this situation? Would it be a long and difficult court case to take this to court? How much chance would she have of success and what sort of settlement would she be entitled to (eg, a share of property etc since marriage, house, chattels etc? )
Many thanks for any advice or tips.

[AFFA]

I wish to inform you that property of the deceased will go as per Will. Your mother can challenge Will on the ground that Will was either under force or not through free Will of her husband.

AFF

[Friend In Court]

Originally Posted by philippas This question is actually regarding my mother living in UK, but am interested in any advice given on this forum My mother and her husband (IN UK) both remarried for the second time. He passed away recently after being married for 11 years. In his will he has left nothing to his wife and that everything is given to his own children Does my mother have any rights in this situation? Would it be a long and difficult court case to take this to court? How much chance would she have of success and what sort of settlement would she be entitled to (eg, a share of property etc since marriage, house, chattels etc? ) Many thanks for any advice or tips.

Your steofather has the absolute right to will his property to whomever he wishes. The situation your mother is in is not an uncommon one. Parents often take care to provide for their children and with a second marriage, you can understand their priority. Many parents place their children first and feel they must do so, especially when marrying for a second time.

A will contest would be uphill and most likely wasted effort.

[philippas]

Many thanks for your replies. I did not think there would be much legal recourse as far as willed property.
However as far as goods and chattels goes (household effects that they have shared and bought over the last 10 years) does the deceased husband have the right to will these to his children too?
What about the car that my mother put a share of money into also? Can this be willed to others?
Thankyou for replies

[Friend In Court]

Your mother can claim against the property purchased together during the course of the marriage. One can only will their own property and not that belonging to another.

In this instance, your mother co owns the property and such property cannot be willed by her late husband.