Taking my kids overseas without grandma.?
I lived with my husband, his mother and our two kids in the UK. The house is owned in my and my husband's name.
My husband recently passed away.
I want to take my kids out of the UK and back to my homeland (Australia). As my kids were born in Britian (and are British through both parents, I have dual) but I am still Australian they qualify for Australian citizenship via descent.
The problem is the mother in law. I do not want her to come with us. I want to leave her in Britian. She mainly wants us to stay in the UK because the house is co-owned by my husband and me and I will need to sell it to get a new home in Australia not to mention the kids. She is threatening to try to get custody of my kids and as my husband did not write a will the ownership of the house is in question (how much percent of the house can she get if I choose to sell).
Should I pack my bags, sell the house and leave as soon as possible with the kids? Can she stop me from moving to Australia?
Answers:
As best as I can tell from the Administration of Estates Act, she has no claim to the house or the proceeds of selling the house. Your husband died intestate (without a will); when the intestate leaves issue (that's your kids), then:
"the surviving husband or wife shall take the personal chattels absolutely and, in addition, the residuary estate of the intestate (other than the personal chattels) shall stand charged with the payment of a [fixed net sum], free of death duties and costs, to the surviving husband or wife with interest thereon from the date of the death ... [at such rate as the Lord Chancellor may specify by order] until paid or appropriated, and, subject to providing for that sum and the interest thereon, the residuary estate (other than the personal chattels) shall be held-
(a) as to one half upon trust for the surviving husband or wife during his or her life, and, subject to such life interest, on the statutory trusts for the issue of the intestate, and
(b) as to the other half, on the statutory trusts for the issue of the intestate. "
I'm sorry for your loss.
You get it all if there is no will otherwise.
You can go wherever she has no say
First I am sorry for your loss. Second, seek the advice of a barrister immediately, this is not one you want to go on your own. Good Luck and hopefully you will make it back here to Australia soon with your kids and without your mother in law.
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