Separated wife - any rights?
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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. #narcissist0 -
Hopefully if you get anything from his estate, you'll put some of it towards some flowers for his grave.0
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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.0 -
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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.All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)0 -
Malthusian wrote: »The OP is her husband's current wife, not his ex. Read first, then get outraged.
Technically still married, yes......but separated. Yes.....still OUTRAGED!0 -
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 needs0 -
Happened to our family, FIL was separated from his wife (not living together), hadn't signed divorce papers and died unexpectedly - she got the 3x lump sum pension payouts and subsequent widows pensions from each. She didn't bat an eye at signing for them either. Might not sit right with a lot of people, but at the end of the day the OP isn't breaking any law by claiming what she is entitled to.0
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Highly unlikely don't you think.....after all, why do that when she can use the money for her own selfish needs0
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As his wife - which you still were - you were not divorced you should be entitled to his occupational pension and a widows pension. Did he not pay many years into N.I.? Also, if he owned a property did you live in that when you were together? If so, who has inherited that? If a spouse can make a claim on a previuos spouse estate after they are divorced but they have not remarried - and they can - unless there was a "clean break" agreement and part of the divorce the surely you should autoatically inherit part0
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