Am I his widow?

rosiesq

Hi Sorry, put this on main thread initially.
My husband has just died. We are separated, (not legally) so still married, but he is living with someone else. Am I his widow, and if so do I need to contact anyone, benefits or other authorities? Thanks.:(

margaretclare

Yes. If you're married and he's died, then you're his widow. If it was the other way about he'd be your widower.

Lorian

Has some one registered his death?
Is there a will?
Are you the named executor?

Yorkshireman99

rosiesq wrote: »

Hi Sorry, put this on main thread initially.
My husband has just died. We are separated, (not legally) so still married, but he is living with someone else. Am I his widow, and if so do I need to contact anyone, benefits or other authorities? Thanks.:(

Yes you are and unless he left a valid will you will inherit under the intestacy rules.

McKneff

We have to remember that the deceased had a partner, i know not married but please remember that she has lost her partner and give a little consideration

TonyMMM

The partner will be able to deal with the immediate practical aspects, such as registering the death, but as noted the key question will be whether he left a will or not. If he didn't, things could be very difficult for you and the partner to deal with.

Silvertabby

Pensions are another issue. Some schemes will only pay a widow's pension to the legally married spouse, separated or not.

Sea_Shell

As Tony said above...its all going to hinge on whether he had a will or not, especially if he owns property with his partner, on a Tenants in Common basis. Does he have any ownership of the house you're living in (eg ex-family home), and how is that owned?

On top of grief, his has the potential to be very distressing financial situation. For Whom, depends on the above.

rosiesq

Sorry for the late reply, think I've got my answer now. Thank you all. X

rosiesq

Hi More queries..sorry! Moving on from the last post, this is now the situation. His partner has lost/mislaid/cannot find the will. I was advised to apply for probate as his next of kin, which I have done. She has filed a Caveat. I have now been advised to issue a warning, which I am in the process of doing. I'm struggling with the legal jargon! Can anyone explain:

1. 'Address of Caveator, or Caveators solicitor, this is known as the address for service - It should be exactly as is stated in the Caveat.'
I haven't seen the Caveat..does this imply that I can access it to get the details?

2. Interest: (Here you set out the name and interest (including the date of the will, if any under which the interest arises) of the party warning, the name of his/her solicitor, and the address for service. If the party warning is acting in person this must be stated)
What exactly does 'the interest' mean? Is it asking me why I've applied for probate?

3. 'If you are an administrator of the estate you must state the Marital status of the deceased, your relationship and clear of any person with a prior right.
I don't understand the 'clear of any person with a prior right?'

Many thanks. Can I respectfully ask that you simply answer the queries, and not comment on any emotional aspects, as we are finding this all very difficult. X

Savvy_Sue

rosiesq wrote: »

Hi More queries..sorry! Moving on from the last post, this is now the situation. His partner has lost/mislaid/cannot find the will.

Is she claiming that he made a new will after separating from you, which she cannot now find? If so, it may be worth contacting solicitors local to where he was living, I believe they will 'ask around' to see if any of them are holding it or were engaged in drawing it up.

Obviously you may just wish to suggest that she does this, if she's sure there's a will to find ...

rosiesq wrote: »

1. 'Address of Caveator, or Caveators solicitor, this is known as the address for service - It should be exactly as is stated in the Caveat.'
I haven't seen the Caveat..does this imply that I can access it to get the details?

If you're not using a solicitor, I'd phone the Probate office and ask them. How do you know one has been issued?

rosiesq wrote: »

2. Interest: (Here you set out the name and interest (including the date of the will, if any under which the interest arises) of the party warning, the name of his/her solicitor, and the address for service. If the party warning is acting in person this must be stated)
What exactly does 'the interest' mean? Is it asking me why I've applied for probate?

Basically, yes. If there's no will (was there one while you were together?) OR if the appointed executors cannot / will not act, then it has to be someone with an 'interest' who applies for letters of administration (without a will) / probate (if there is a will). Generally it's expected that the closest person with an 'interest' will do so, so you're closest.

rosiesq wrote: »

3. 'If you are an administrator of the estate you must state the Marital status of the deceased, your relationship and clear of any person with a prior right.
I don't understand the 'clear of any person with a prior right?'

Just checking, are you / was he in Scotland?

I'm only asking, because googling that phrase 'clear of any person with a prior right' brings up a Scottish reference, but nothing exactly matching that phrase. I think it's GOT to mean you explaining why you've got better rights than anyone else, but I can't be sure. Probate office will be your friend, unless you're using a solicitor.