Separated wife - any rights?

BrotherFloyd · 14 June 2017 at 6:23PM

I was separated from my husband. We never divorced and there were no children. We remained reasonably amicable - marked each other's birthdays, etc. I have learned, in a roundabout way, that he died in April. I was shocked and saddened that I wasn't told, and that I missed the funeral. He made a will, which I believe excludes any mention of me. Do I have any legal rights here, or should I just go on feeling aggrieved?

Yorkshireman99 · 14 June 2017 at 6:26PM

Unless you were financially dependent then you probably don't have a claim. However the terms of the separation may change this.

Mojisola · 14 June 2017 at 6:27PM

BrotherFloyd wrote: »

He made a will, which I believe excludes any mention of me.

Do I have any legal rights here, or should I just go on feeling aggrieved?

If he made the will after you separated and you weren't financially dependent on him, you don't have any rights.

Why go on feeling aggrieved? You can if you want to but the only person it will affect is you.

chesky · 14 June 2017 at 9:39PM

I was separated from my husband too. When he died I discovered that, even though I wasn't mentioned, I was entitled to inherit his pension. Which I did as nobody objected.

BrotherFloyd · 15 June 2017 at 3:57PM

Thanks for your comment/suggestion. How did you go about this? Did you have to know who the pension came from and apply to them? Or did they come to you?

badmemory · 15 June 2017 at 4:11PM

Would any pension provider know your contact details? Depending on both your ages you may have inherited some state pension.

chesky · 15 June 2017 at 8:27PM

I hardly knew about it to be honest. My daughter and son were the executors of his will and it arose during conversations with the solicitor, who took it on as part of their duties. They sent me a form to sign and I was receiving it three months later with back payments.

chesky · 15 June 2017 at 8:33PM

By the way, I'm talking about his occupational pension. His expression of wish was out of date and hadn't been updated (this also applied to his will, but that's another story). But my state pension also increased by about £15 per week. I'd forgotten that.

Aced2016 · 15 June 2017 at 8:35PM

How long have you been separated ?

Aced2016 · 15 June 2017 at 8:39PM

And just to add, you basically had no contact and didn't even know he died. Now you've just found out and your first thought is money ?

Why should you be entitled to anything at all ? Not meaning to be rude at all I am just genuinely baffled, why an ex whom you had no children or contact with should now in death be giving you money ??

Sorry to be insensitive but the worlds gone mad. I would absoutley not be pursuing a penny in these circumstances.

Silvertabby · 15 June 2017 at 8:45PM

Thanks for your comment/suggestion. How did you go about this? Did you have to know who the pension came from and apply to them? Or did they come to you?

You would need to contact them. First speak to his past employers to ask who administers their pension schemes, then contact the pension schemes.

Different schemes have different rules - if he only had DC benefits, then he may have left expressions of wishes nominating who should receive the 'pot', but DB schemes may pay widow's benefits even though you were no longer together.

The LGPS, for example,would pay you a widow's pension as long as you are not legally divorced.

Separated wife - any rights?

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