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Mr A died intestate in May 1983 when Mrs A was 45-years old and my client was one of her four teenage children. The family home was held solely in Mr A’s name at his death.
Following the administration of the estate the home is held as to 10% by Mrs A absolutely with the balance being held in equal shares absolutely by the four children. My assumption is that any life interest created by intestacy was capitalised and that the family home constituted the remainder for the purpose of dividing up the estate.
Ever since Mr A’s death Mrs A has lived rent-free in the family home. She remarried in 1994 and remains so to this day. Her current spouse is eight years her senior.
Mrs A has limited income of her own and receives regular contributions from her four children for day-to-day living expenses....
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