Rules of Intestacy - Estranged wife?

Alexcort

My partner's father died suddenly earlier this month without leaving a valid will. There was one but it has been lost so another was written but never witnessed so I'm guessing it's not valid. There are also emails from him (to my partner) stating what his wishes are after his death.


However, the confusing matter is that he seperated from his wife over 14 years ago (and sperate addresses) but never bothered to get divorced. My partner and her brother just assume that she'll get everything depite being estranged for such a long period. Is this correct? I'd like to give her a few facts before she sees her solicitor later this week.

I think he has around £200k in cash and assetts but no property.
Thanks

Marcon

Correct. 'Never bothering to get divorced' is fine provided you ensure there is a valid will in place but as you say, an unsigned will is worth nothing (ditto the e-mails - no legal standing at all).

Malthusian

Alexcort wrote: »

My partner's father died suddenly earlier this month without leaving a valid will. There was one but it has been lost, so another was written but never witnessed so I'm guessing it's not valid.

Correct. But whoever wants to administrate the estate needs to ensure that every reasonable measure has been taken to find the valid Will.

However, the confusing matter is that he seperated from his wife over 14 years ago (and sperate addresses) but never bothered to get divorced. My partner and her brother just assume that she'll get everything depite being estranged for such a long period. Is this correct?

Did they have a judicial separation? If not, you are correct. Informal separation has no effect. Under intestacy she inherits everything (as the estate is below £250k).

getmore4less

Was the valid but missing will done by a solicitor?

Sea_Shell

Who do you check with (authorities) to see if a Judicial Separation has been ever been lodged/applied/granted?

74jax

Correct. Although there is a will, you just can't find it. This may give different routes to inheritance other than intestacy. Id contract all solicitors in surrounding areas to double check.

Keep_pedalling

Is the estranged wife also your partners mother? If so and he really did die intestate maybe she would consider a deed of variation so everything goes to her children rather than her.

Alexcort

Thanks for your reply. No she isn't, she has children from a previous marriage. She was with my partners father for around six years before moving away for well over a decade.