My sister died intestate last January (2011), she had been estranged from her husband

[lyn1954]

for at least 25yrs. I looked after her during her last 12 months of life (she died of Cancer), I had signed forms in the hospital stating I was her next of kin, also dealt with her benefits as next of kin, and registered her death as next of kin; My sister has left a flat and some Insurance policies, my problem is that her x-husband says he is the only one that can benefit since they never divorced, is there any way I can contest this? I just feel that after 25 years of separation there must be something I can do to stop him from inheriting everything. All constructive help would be welcome.

Kind Regards

[LoftyLottie]

I believe, unfortunately, her husband is correct, but I think you need to see a solicitor asap about contesting I don't think that the fact that you have acted as next of kin affects anything unfortunately, he is legally the one who will inherit.

I think it is only a solicitor who can help. Personally I think you have good reason to contest because of the 25 years of separation.

The law is an ass!!

All the best.

[buildersmate]

As Lottie says, this is precisely why folks should make a will.
Did your sister have any children and what is the estimated value of the estate, then we can comment further.
Whatever happens the estranged husband is entitled to the first £125k of the estate. Any balance above that may be more complex.

[Kassee]

How could you have not thought of this before - 25 years and no divorce ? Its a shame that your sister didn't manage to run up a great deal of debt - because he would have been liable for that too.

[woofgang]

don't think so kassee, debts have to be paid from the estate but once the estate is drained dry, the spouse is not personally responsible

[LoftyLottie]

Unless they are joint debts Woofy - like a mortgage in joint names.

But other than that any debts run up in a spouses single name can only come out of the estate as you say and if there is nothing left in the estate then the debts are wiped off.

[hc4361]

If they haven't divorced he is not her ex-husband.
The laws of intestacy do make him the automatic beneficiary.

Shame she didn't make a will, or get a divorce.

[craft1948]

Bloody hell 25 years!................I made a will within a week of leaving the first Mr Craft, there was no way he was getting his money back.

[Buenchico]

Unless the value of the estate exceeds £250,000 everything automatically goes to the estranged husband.
(Buildersmate: The figure rose from £125,000 to £250,000 on 01/02/09).

The people who can challenge the distribution of an estate are listed in Section 1 of the Inheritance (Provision for Family and Dependants) Act 1975:
http://www.legislation.gov.uk/ukpga/1975/63
You'll see that siblings are not included unless "immediately before the death of the deceased was being maintained, either wholly or partly, by the deceased".

Chris

[buildersmate]

Thanks for the correction - out of date on that one.

[EDDIE51]

Let this be a lesson to others !
After 5 or 7 years seperation (not sure which) divorce would have been automatic , just needed to fill in the forms and pay the fee. (£18 I think !)
Now the ex is going to get the lot and nothing can be done about it !

[Kassee]

If my ex had got the lot - I would come back and haunt him