is someone still next of kin if they are seperated?

mrs_baggins

Not trying to defraud anyone or anything ! my mom died last week and sorting through her banks etc. she had no assets apart from £ 200 odd pounds. have a form from the bank which I as daughter am dealing with things (no will) has filled in but there is a bit on it which says- does the deceased leave a widow/widower? and I dont know what to put. Since they have been legally seperated but not divorced for 10 years is my dad technically her widow? I could put my dad down as they were still on talking terns etc and my dad signed for death cert as I just couldnt get there to go with him so his name is on that. I just want to get things sorted with the mimimum of fuss and everything as its all just so depressing and my dad doesnt want to get involved any more if he can help it

geminilady

mrs_baggins wrote: »

Not trying to defraud anyone or anything ! my mom died last week and sorting through her banks etc. she had no assets apart from £ 200 odd pounds. have a form from the bank which I as daughter am dealing with things (no will) has filled in but there is a bit on it which says- does the deceased leave a widow/widower? and I dont know what to put. Since they have been legally seperated but not divorced for 10 years is my dad technically her widow? I could put my dad down as they were still on talking terns etc and my dad signed for death cert as I just couldnt get there to go with him so his name is on that. I just want to get things sorted with the mimimum of fuss and everything as its all just so depressing and my dad doesnt want to get involved any more if he can help it

The best person to ask about this is a solicitor.I had been seperated from my husband for five years when he died but was still classed as next of kin.Not sure if a legal seperation makes a differance though .

margaretclare

He's her widower if they were married and never divorced. However, next-of-kin can be a bit more fluid. For instance, when my DH went into hospital in the spring of 1999 for knee surgery, his divorce had not yet gone through so he was still married, but he put me down as next-of-kin and the hospital accepted that quite happily.

HTH

mrs_baggins

thanks both. will put him down on form and see what happens.

pboae

My Grandparents divorced many decades ago, and although Gran had her decree nisi she never applied for the decree absolute. So when Grandad died they were still officially married and she was next of kin and inherited everything. It took the executors over a year to find her, because he had emigrated and they'd had no contact for years.