Death of ex wife

alanrp123

My ex wife passed away recently, after being separated for over 30 yrs.
I always believed we were divorced, so I applied to the local court for a copy of the divorce papers, only to be told I had not been divorced, I just had a judicial separation!!.
When we split up, she was awarded 100% of everything, house, car etc, the house was in joint names.
She sold the house shortly afterwards and bought another.
My question is, do I have any claim on her estate??.

Yorkshireman99

Did she leave a will?

Malthusian

Not unless she left you anything in her Will.

According to Google QC:

If either party dies intestate (without a Will), while a decree of Judicial Separation is in force and the separation is continuing, his or her property devolves as if the other party to the marriage has already died.

...However, legacies in Wills are unaffected by a decree of Judicial Separation, and if property is left to a spouse, that spouse will benefit despite the Judicial Separation.

So if you made Wills when you were married leaving property to each other, and she failed to ever update hers in the 30 years since the separation, or she did but was feeling extremely generous to her estranged husband, then you might get something. Needless to say I wouldn't start writing a shopping list.

TBagpuss

You say that she was 'awarded everything' - so presumably there was a court order dealing with the finances? If so, then check what that says, Normally, that type of order would include a specific provision that it is a clean break, and will include provisions excluding any right to claim against the other party's estate or under the Inheritance Act.

also, even if such calims were not specifically excluded, where an inheritance act claim is made by a spouse/former spouse, one of the things a court would consider s what the claimant might have received on divorce. Where there is/was an actual divorce /JS with a financial settlement then I think it is probable that a court would take that into account, and that you would struggle to argue that any further provision was appropriate.

Presumably you have spent the last 30 years assuming you are entitled to nothing, so it's not as if you were expecting anything!

Kynthia

If she had a pension you may be entitled to some of it depending on the type of pension and whether an expression of wishes declaration was completed by your wife. Some older defined benefit pensions only pay to a spouse and can't be left to anyone else.