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  • FIRST POST
    • BrotherFloyd
    • By BrotherFloyd 14th Jun 17, 6:23 PM
    • 6Posts
    • 2Thanks
    BrotherFloyd
    Separated wife - any rights?
    • #1
    • 14th Jun 17, 6:23 PM
    Separated wife - any rights? 14th Jun 17 at 6:23 PM
    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?
Page 1
    • Yorkshireman99
    • By Yorkshireman99 14th Jun 17, 6:26 PM
    • 2,667 Posts
    • 2,106 Thanks
    Yorkshireman99
    • #2
    • 14th Jun 17, 6:26 PM
    • #2
    • 14th Jun 17, 6:26 PM
    Unless you were financially dependent then you probably don't have a claim. However the terms of the separation may change this.
    • Mojisola
    • By Mojisola 14th Jun 17, 6:27 PM
    • 27,831 Posts
    • 70,725 Thanks
    Mojisola
    • #3
    • 14th Jun 17, 6:27 PM
    • #3
    • 14th Jun 17, 6:27 PM
    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?
    Originally posted by BrotherFloyd
    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
    • By chesky 14th Jun 17, 9:39 PM
    • 723 Posts
    • 982 Thanks
    chesky
    • #4
    • 14th Jun 17, 9:39 PM
    • #4
    • 14th Jun 17, 9:39 PM
    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
    • By BrotherFloyd 15th Jun 17, 3:57 PM
    • 6 Posts
    • 2 Thanks
    BrotherFloyd
    • #5
    • 15th Jun 17, 3:57 PM
    Inheriting pension
    • #5
    • 15th Jun 17, 3:57 PM
    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
    • By badmemory 15th Jun 17, 4:11 PM
    • 519 Posts
    • 509 Thanks
    badmemory
    • #6
    • 15th Jun 17, 4:11 PM
    • #6
    • 15th Jun 17, 4:11 PM
    Would any pension provider know your contact details? Depending on both your ages you may have inherited some state pension.
    • chesky
    • By chesky 15th Jun 17, 8:27 PM
    • 723 Posts
    • 982 Thanks
    chesky
    • #7
    • 15th Jun 17, 8:27 PM
    • #7
    • 15th Jun 17, 8:27 PM
    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
    • By chesky 15th Jun 17, 8:33 PM
    • 723 Posts
    • 982 Thanks
    chesky
    • #8
    • 15th Jun 17, 8:33 PM
    • #8
    • 15th Jun 17, 8:33 PM
    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
    • By Aced2016 15th Jun 17, 8:35 PM
    • 207 Posts
    • 408 Thanks
    Aced2016
    • #9
    • 15th Jun 17, 8:35 PM
    • #9
    • 15th Jun 17, 8:35 PM
    How long have you been separated ?
    • Aced2016
    • By Aced2016 15th Jun 17, 8:39 PM
    • 207 Posts
    • 408 Thanks
    Aced2016
    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
    • By Silvertabby 15th Jun 17, 8:45 PM
    • 1,277 Posts
    • 1,477 Thanks
    Silvertabby
    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.
    • Pay_me
    • By Pay_me 15th Jun 17, 10:59 PM
    • 131 Posts
    • 86 Thanks
    Pay_me
    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.
    Originally posted by Aced2016
    I agree, it is a crazy world we live in these days. Surely they have separated for a reason!! I have recently split from my long term partner I better get changing the forms over I do not want her claiming cash benefits if something happened to me. We are no longer together for a reason!!
    • Yorkshireman99
    • By Yorkshireman99 15th Jun 17, 11:06 PM
    • 2,667 Posts
    • 2,106 Thanks
    Yorkshireman99
    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.
    Originally posted by Silvertabby
    The OP needs to check what the terms of sepation are. These might affect entitlement.
    • Savvy_Sue
    • By Savvy_Sue 15th Jun 17, 11:13 PM
    • 37,500 Posts
    • 33,805 Thanks
    Savvy_Sue
    You could google 'pension tracing service' to see if that helps track any down. But worth speaking to whoever administered his estate to see what they found.
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    • Aced2016
    • By Aced2016 15th Jun 17, 11:21 PM
    • 207 Posts
    • 408 Thanks
    Aced2016
    I agree, it is a crazy world we live in these days. Surely they have separated for a reason!! I have recently split from my long term partner I better get changing the forms over I do not want her claiming cash benefits if something happened to me. We are no longer together for a reason!!
    Originally posted by Pay_me
    Thank goodness I'm not the only one ! I think it's disgusting ! People have absoutley no shame or pride anymore. Never would I go seeking an EXs money.
    • chesky
    • By chesky 16th Jun 17, 12:36 AM
    • 723 Posts
    • 982 Thanks
    chesky
    Well, I didn't go seeking my ex husbands money. That's technically the point - he wasn't my ex husband, we were still legally married and got on pretty well so long as we didn't have to live together. I wouldn't have even thought about it had my son and daughter not told me that the solicitor said it was more than likely I would be entitled to it and would claim it on my behalf. In fact, they told her to go ahead there and then.

    I don't somehow think too many people on this board would refuse an increase in their income of £18,000 p.a when they'd lived with someone for twenty years, brought up his two children - half the time as a single parent, bought him fair and square out of the mortgage and had an amicable separation.
    • Aced2016
    • By Aced2016 16th Jun 17, 6:57 AM
    • 207 Posts
    • 408 Thanks
    Aced2016
    I agree, it is a crazy world we live in these days. Surely they have separated for a reason!! I have recently split from my long term partner I better get changing the forms over I do not want her claiming cash benefits if something happened to me. We are no longer together for a reason!!
    Originally posted by Pay_me
    Well, I didn't go seeking my ex husbands money. That's technically the point - he wasn't my ex husband, we were still legally married and got on pretty well so long as we didn't have to live together. I wouldn't have even thought about it had my son and daughter not told me that the solicitor said it was more than likely I would be entitled to it and would claim it on my behalf. In fact, they told her to go ahead there and then.

    I don't somehow think too many people on this board would refuse an increase in their income of £18,000 p.a when they'd lived with someone for twenty years, brought up his two children - half the time as a single parent, bought him fair and square out of the mortgage and had an amicable separation.
    Originally posted by chesky
    Your situation was slightly different! You had two children with him. You didn't ask about money you where told ! Which is fair enough. So your circumstances where different. We were more do referring to the other poster !

    But I do stand by my opinion that an ex was an ex for a reason, maybe not on paper. And just me being me wouldn't want an ex's money. As if we weren't financially a team anymore while living I wouldn't want to be in death.
    • troubleinparadise
    • By troubleinparadise 16th Jun 17, 7:00 AM
    • 950 Posts
    • 1,569 Thanks
    troubleinparadise
    Did your children know of his death? Were they his children too?

    I'm surprised they didnt tell you if things were amicable.
    • chesky
    • By chesky 16th Jun 17, 7:11 AM
    • 723 Posts
    • 982 Thanks
    chesky
    Did your children know of his death? Were they his children too?

    I'm surprised they didnt tell you if things were amicable.
    Originally posted by troubleinparadise
    You're not reading things properly.

    If you mean the OP, they say almost immediately there were no children.
    • chesky
    • By chesky 16th Jun 17, 1:51 PM
    • 723 Posts
    • 982 Thanks
    chesky
    ... if we weren't financially a team anymore while living I wouldn't want to be in death.
    Originally posted by Aced2016
    Are you saying that if your ex partner had made a will, leaving you something in it, you would have refused it?
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