Death of ex wife

Marcon

Keep_pedalling wrote: »

No! you forget it and move on.

Unless you can prove that any of her estate was actually your property you don!!!8217;t have a chance, and after all this time that is hardly possible.

You were not financially dependant on her so you don!!!8217;t have a hope of getting anything down that route either.

OP has already said she was 'awarded' everything, so no possibility of a claim there.

Judicial separation means OP would be treated as dead for the purposes of distributing his former wife's assets, if she died intestate.

Only if she made a will after the date of judicial separation, naming him as a beneficiary, would there be any sort of payout.

Nothing more to say, is there?

nom_de_plume

I just skimmed through this thread so may have missed it but was the house owned or rented and was that still her home at the time of her death?


If it was owned and registered in joint names there may be a claim there.

Brynsam

nom_de_plume wrote: »

I just skimmed through this thread so may have missed it but was the house owned or rented and was that still her home at the time of her death?


If it was owned and registered in joint names there may be a claim there.

You missed it - third line of OP's original post saying house was awarded to ex.

nom_de_plume

Brynsam wrote: »

You missed it - third line of OP's original post saying house was awarded to ex.

When we got divorced, she got EVERYTHING, house, car furniture, even my clothes, I walked away with nothing

Not very clear though. EG would a Court really award his clothes to his wife?! Reads more like the OP just walked away from everything.

alanrp123

I had another partner by then, and always referred to her as my wife, even though we were not married!!.

hb2

If your ex/late wife left a will, then the rules of intestacy do not apply. In this case your marital status is not significant and you cannot make any claim on the estate.

You have 2 choices now, as I see it. You can either forget it and move on. Or you can become bitter and twisted in the belief that you have been cheated out of something.

My favourite quote says 'Harbouring resentment is like swallowing poison and waiting for the other person to die' . . .

SevenOfNine

Perhaps this may help you focus on what to do, under the words "Things You Need To Know", 5th bullet point down.

http://www.osborneclarke.com/media/filer_public/04/2f/042ff00c-cb8e-4976-a8a6-be330a7d87ab/intestacy-rules-how-an-estate-passes-without-a-will.pdf

Or this:
http://www.dwfmbeckman.com/wp-content/uploads/2013/04/a-brief-guide-to-judicial-separation.pdf

Seems like on her death, the estate of the mother of your children is treated as if YOU died first. May/may not be current of course, but worth taking on board.

Not trying to be judgemental, but if you walked away from your children (albeit relatively grown up), expect an almighty fight which you'll likely lose, then I'm wondering if you'll have costs awarded against you.

Even when people use 'no win, no fee' lawyers, they forget (& aren't told) that there may be 'no fee' but that's not the same as no costs awarded against you.

Think on.

Brynsam

SevenOfNine wrote: »

Seems like on her death, the estate of the mother of your children is treated as if YOU died first. May/may not be current of course, but worth taking on board.

A point made days ago in post 6 on this thread...why on earth are people still banging on about it?

Mojisola

Brynsam wrote: »

A point made days ago in post 6 on this thread...why on earth are people still banging on about it?

There is a will so the intestacy rules aren't relevant here.

Marcon

Mojisola wrote: »

There is a will so the intestacy rules aren't relevant here.

Indeed - leaving everything to the grandchildren. End of story.