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  • FIRST POST
    • rosiesq
    • By rosiesq 25th Feb 18, 4:26 PM
    • 57Posts
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    rosiesq
    Am I his widow?
    • #1
    • 25th Feb 18, 4:26 PM
    Am I his widow? 25th Feb 18 at 4:26 PM
    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.
Page 1
    • margaretclare
    • By margaretclare 25th Feb 18, 4:38 PM
    • 10,122 Posts
    • 17,117 Thanks
    margaretclare
    • #2
    • 25th Feb 18, 4:38 PM
    • #2
    • 25th Feb 18, 4:38 PM
    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.
    r ic wisdom funde, r wear ic eald.
    Before I found wisdom, I became old.
    • Lorian
    • By Lorian 25th Feb 18, 4:39 PM
    • 4,336 Posts
    • 2,467 Thanks
    Lorian
    • #3
    • 25th Feb 18, 4:39 PM
    • #3
    • 25th Feb 18, 4:39 PM
    Has some one registered his death?
    Is there a will?
    Are you the named executor?
    • Yorkshireman99
    • By Yorkshireman99 25th Feb 18, 4:48 PM
    • 4,114 Posts
    • 3,370 Thanks
    Yorkshireman99
    • #4
    • 25th Feb 18, 4:48 PM
    • #4
    • 25th Feb 18, 4:48 PM
    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.
    Originally posted by rosiesq
    Yes you are and unless he left a valid will you will inherit under the intestacy rules.
    • McKneff
    • By McKneff 25th Feb 18, 5:14 PM
    • 35,996 Posts
    • 46,351 Thanks
    McKneff
    • #5
    • 25th Feb 18, 5:14 PM
    • #5
    • 25th Feb 18, 5:14 PM
    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
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
    • TonyMMM
    • By TonyMMM 25th Feb 18, 6:13 PM
    • 2,648 Posts
    • 2,921 Thanks
    TonyMMM
    • #6
    • 25th Feb 18, 6:13 PM
    • #6
    • 25th Feb 18, 6:13 PM
    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
    • By Silvertabby 25th Feb 18, 6:32 PM
    • 2,718 Posts
    • 3,877 Thanks
    Silvertabby
    • #7
    • 25th Feb 18, 6:32 PM
    • #7
    • 25th Feb 18, 6:32 PM
    Pensions are another issue. Some schemes will only pay a widow's pension to the legally married spouse, separated or not.
    • Sea Shell
    • By Sea Shell 26th Feb 18, 6:33 AM
    • 715 Posts
    • 1,007 Thanks
    Sea Shell
    • #8
    • 26th Feb 18, 6:33 AM
    • #8
    • 26th Feb 18, 6:33 AM
    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.
    " That pound I saved yesterday, is a pound I don't have to earn tomorrow "
    • rosiesq
    • By rosiesq 23rd Mar 18, 4:34 PM
    • 57 Posts
    • 6 Thanks
    rosiesq
    • #9
    • 23rd Mar 18, 4:34 PM
    • #9
    • 23rd Mar 18, 4:34 PM
    Sorry for the late reply, think I've got my answer now. Thank you all. X
    • rosiesq
    • By rosiesq 17th Apr 18, 11:50 PM
    • 57 Posts
    • 6 Thanks
    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
    • By Savvy_Sue 18th Apr 18, 1:30 AM
    • 38,480 Posts
    • 35,149 Thanks
    Savvy_Sue
    Hi More queries..sorry! Moving on from the last post, this is now the situation. His partner has lost/mislaid/cannot find the will.
    Originally posted by rosiesq
    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 ...

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

    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?
    Originally posted by rosiesq
    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.

    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?'
    Originally posted by rosiesq
    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.
    Still knitting!
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    • rosiesq
    • By rosiesq 18th Apr 18, 9:18 AM
    • 57 Posts
    • 6 Thanks
    rosiesq
    Hi Savvy_Sue
    Thank you. Yes, there was a will, my eldest son got a glimpse of it, but she wouldn't let anyone touch it, which leads me to believe that she either put it somewhere that safe she can't find it/it's been inadvertently thrown out? Or..which I'm not suggesting, she believed as a lot of people do, in 'common law' partners, and thought that without a will she would get everything. Probate office have notified me that she's lodged a Caveat.
    Not in Scotland...maybe I'll ring Probate and ask them to clarify the wording. Thanks again.
    • Yorkshireman99
    • By Yorkshireman99 18th Apr 18, 9:29 AM
    • 4,114 Posts
    • 3,370 Thanks
    Yorkshireman99
    You will need to buy a copy of the will. The probate office will not tell you what it says.
    • nom de plume
    • By nom de plume 18th Apr 18, 10:22 AM
    • 685 Posts
    • 644 Thanks
    nom de plume
    .maybe I'll ring Probate and ask them to clarify the wording. Thanks again.
    Originally posted by rosiesq
    Here's a link to a blank Caveat form. No detail as such. The only bit you appear to need is the correct address for service of a warning.
    • rosiesq
    • By rosiesq 18th Apr 18, 1:54 PM
    • 57 Posts
    • 6 Thanks
    rosiesq
    Thanks. There isn't a will! Probate Office have sent me the form I need, including telling me what I need to put, which is where the bits I don't understand have come from.
    • Yorkshireman99
    • By Yorkshireman99 18th Apr 18, 2:21 PM
    • 4,114 Posts
    • 3,370 Thanks
    Yorkshireman99
    Thanks. There isn't a will! Probate Office have sent me the form I need, including telling me what I need to put, which is where the bits I don't understand have come from.
    Originally posted by rosiesq
    If there is will then the estate is intestate and the intestacy rules apply. Unmarried partners get nothing.
    • greyteam1959
    • By greyteam1959 18th Apr 18, 2:30 PM
    • 2,257 Posts
    • 1,017 Thanks
    greyteam1959
    I am very surprised that nobody has suggest getting yourself a solicitor ASAP.
    This is already developing into a situation that you will not be able to deal with yourself.
    • rosiesq
    • By rosiesq 18th Apr 18, 4:50 PM
    • 57 Posts
    • 6 Thanks
    rosiesq
    Thanks everyone. Can't afford a solicitor, I'm afraid. That would have to be a last resort. Up to this stage perfectly possible to deal with it ourselves. It's just the archaic legal jargon I don't understand.
    • Yorkshireman99
    • By Yorkshireman99 18th Apr 18, 7:00 PM
    • 4,114 Posts
    • 3,370 Thanks
    Yorkshireman99
    Thanks everyone. Can't afford a solicitor, I'm afraid. That would have to be a last resort. Up to this stage perfectly possible to deal with it ourselves. It's just the archaic legal jargon I don't understand.
    Originally posted by rosiesq
    You need to read the !!!8220;stickies!!!8221; above about wills and intestacy. The ex partner is probably bluffing as she has no legal right to your later father!!!8217;s assets. You can do the work yourself. Do you have any idea what your father!!!8217;assets were worth? Plenty of help here. You just have to ask.
    • Savvy_Sue
    • By Savvy_Sue 18th Apr 18, 8:01 PM
    • 38,480 Posts
    • 35,149 Thanks
    Savvy_Sue
    I agree that legal help may be well worthwhile, although I can sympathise with lack of funding for it.
    You need to read the 'stickies' above about wills and intestacy. The ex partner is probably bluffing as she has no legal right to your later father's assets. You can do the work yourself. Do you have any idea what your father's assets were worth? Plenty of help here. You just have to ask.
    Originally posted by Yorkshireman99
    It's not her father. It's her late separated-from-but-not-actually-divorced husband.

    Although the question remains: do you have any idea what his estate would be worth? And following on, is it going to be worth it? If it is, there's a strong argument for borrowing money for legal help.
    Still knitting!
    Completed: 1 adult cardigan, 3 baby jumpers, 3 shawls, 1 sweat band, 3 pairs baby bootees,
    1 Wise Man Knitivity figure + 1 sheep, 2 pairs socks, 2 hats 2 balaclavas for seamen, 1 balaclava for myself ...
    Current projects: Poppies, mohair cardigan pattern arrived and going strong!
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