Separated wife - any rights?

Utterly gobsmacked that the OP feels 'aggrieved' that she wasn't mentioned in her EX husband's will. This post is a wind up right???


Why should you be entitled to anything from your EX husband's estate? Would you expect your husband to be taken care of if you'd been the one to die? Greed greed greed! Money doesn't half bring out the worst in people doesn't it!


And Chesky.....why have you made this thread about you? You've had your opinion, let's stick with what the original poster is asking. #narcissist

Thing is, if they hadn't done a financial settlement then there may be marital assets that he controlled that didn't go through the split that would have happened if they had properly divorced.

Hypothetically, what if he stayed in the marital home, she moved into rented - if they'd divorced she's have been entitled to a share (whether 50/50 or some other percentage).

If he dies, but has written her out of the will, is that fair?

I believe it is possible to make a claim under the inheritance legislation for just this scenario, and is the reason that a consent order/court order for divorce then prohibits such a claim in the future.

If you were separated and not divorced, and if there was not formal separation agreement then you may, as others have said, be entitled to any widow's benefits under any pensions he had.

You also fall into the class of people who can make a claim against an estateudner the Inheritance Act. To succeed in such a claim a court would have to consider whether your ex had'failed to make reasonable provision' for you under his will, and one of the things they would look at in your situation would be what you might have been awarded in a divorce. If the reality is that you and he split your assets when you separate, and have been financially independent of each other since then then it reduces the likelihood that you would be entitled to anything.

martinbuckley wrote: »

Hopefully if you get anything from his estate, you'll put some of it towards some flowers for his grave.

Highly unlikely don't you think.....after all, why do that when she can use the money for her own selfish needs

Ziggazee wrote: »

Highly unlikely don't you think.....after all, why do that when she can use the money for her own selfish needs

YABU! If she is legally entitled to something as a result of her husband's death then who are we to say she should not? They had the opportunity to divorce but did not do so. All this sanctimonious criticism of her is really innappropriate.