An elderly man bought a house in his daughter’s name from his first marriage and took a loan in her name. He later married for the fourth time in 2010 and things haven’t been good between them. The man, with his daughter, tried to evict his wife from the house after making a will in favor of his daughter. The wife filed a police complaint and got a court order allowing her to stay. She now lives on the ground floor while the man and his married daughter occupy the first floor. Can the wife challenge the will and claim the house and other assets for herself? She has two young sons.

Apni Law
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Law Forum › Category: Property › An elderly man bought a house in his daughter’s name from his first marriage and took a loan in her name. He later married for the fourth time in 2010 and things haven’t been good between them. The man, with his daughter, tried to evict his wife from the house after making a will in favor of his daughter. The wife filed a police complaint and got a court order allowing her to stay. She now lives on the ground floor while the man and his married daughter occupy the first floor. Can the wife challenge the will and claim the house and other assets for herself? She has two young sons.
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Apni Law Staff asked 1 year ago

An elderly man bought a house in his daughter’s name from his first marriage and took a loan in her name. He later married for the fourth time in 2010 and things haven’t been good between them. The man, with his daughter, tried to evict his wife from the house after making a will in favor of his daughter. The wife filed a police complaint and got a court order allowing her to stay. She now lives on the ground floor while the man and his married daughter occupy the first floor. Can the wife challenge the will and claim the house and other assets for herself? She has two young sons.

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Apni Law Staff answered 1 year ago

The wife can challenge the will on the grounds of undue influence, as the will was made under the influence of the daughter. The wife can also claim a share in the house and other assets as she was the legal spouse of the man at the time of his death. The wife’s claim will be stronger if she can prove financial contribution to the acquisition of the assets and that her husband had a legal obligation to provide for her and her sons.

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