Probate advice

hedger

My sister was legally seperated from her husband about 3 years ago but never divorced. When he walked out he left a mountain of problems but decided to squeeze every penny out of her. To get rid of him and prevent losing her house (that was bought and paid for entirely by her but had little equity) she paid him £10,000. He has since been killed in an accident.
She has now received a letter from his families solicitor asking that to confirm that she wont make a claim on his estate (his pension etc). Naturally she wants the money back that was practically extorted from her. Does the legal seperation prevent this? What rights has she? Is she legally his next of kin so entitled to his estate?

Firefly

My guess would be that even if she isn't his 'legal next of kin' that wouldn't stop her making a claim on his estate for what she is owed.

She would have a claim on his pension anyway.

She needs a solicitor to act on her behalf asap.

Good luck to her and a timely reminder that we should all have a will that is changed the moment our circumstances change.

Errata

She's his legal next of kin and can make a claim on his estate.

paddy's_mum

Tell your sister not to sign nor agree to anything until she has had the chance to talk to her own solicitor. She is in a very strong position indeed since she is still the deceased's wife which is why his family's lawyers want her to sign away her rights.

My sympathies to your sister as although she probably loathed the sight of him at the time of the marriage breakdown, it is still hard to accept losing someone you once loved and with whom you presumably made some still worthwhile memories. Hope it all works out well for her.

Strapped

Since she was never divorced, I'd imagine that it would be "fair" for her to receive what she would've received through a divorce. This might be different to the legal situation though, which may be that, as his legal spouse, she is entitled to a lot more, and as has been said, this is why the solicitors are twitchy. Also, do they have kids, as they would also have a claim?

Willman_Rodders

Hi hedger,

The law tries to protect families from being disinherited. As a result the law has identified circumstances when provision for a person, or class of persons, should be made.

The relevant act - the Inheritance (Provisions for Family and Dependants) Act 1975 - gives certain classes of people, namely ...


1. The wife, or husband, of the deceased

2. The former wife or husband of the deceased who has not remarried

3. A person cohabiting with the deceased

4. A child of the deceased

5. Any person maintained by the deceased


... the right to claim on a deceased person’s estate when no provision has been made for them.

The law sets out the time frames during which a ‘challenge’ must be made.

As Strapped, Paddy's mum, Errata, and Firefly have all said: your sister must seek her own independent legal advice and under no circumstances must she sign any form in the interim period. To do so means she could be throwing away pension benefits, and other unknown entitlements.

Hope that helps.

Rod

hedger

Thanks guys.
Her solicitor says that the legal seperation that she signed was in full and final settlement so prevents any future claims on each others estates so my sister is not entitled to any claim on his estate.

cestlavie

if she considered the 10,000 as a loan to him she could make a claim on the estate and say so. they would be legally bound to repay it - and pay it first, before anyone else, as debts are the first thing to pay off. she would need some sort of proof of payment eg bank statement details on her side i would imagine.