Road rules1 min ago
Intestacy - Rights Of Ex-Spouse
5 Answers
My friend's father died recently and unexpectedly. He left a handwritten 'will' (everything split between children and another family member - all parties happy to abide by this). Nothing official or witnessed though. I understand the basic rules of intestacy and they should be quite clear in this case as he was not married at time of death. However, despite having divorced his second wife five years previously (after less than three years' marriage), he did continue to support her financially. Not in a consistent or official capacity; there was no maintenance agreement. More like fifty quid here and there. Would this ex-wife have a claim through the Provision for Family and Dependents (1975) Act? If so, to what extent?
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My Ex mother in law lost out big time when her husband died, he was quite a wealthy solicitor (he should have known better) his Ex wife got everything including the death insurance as it was made out to his wife but with his Ex wife named. His Ex who he hated got the lot because he didn't change his will, he was a chronic alcoholic.
Thank you for your answers. Yes, it would have been better if he (and everyone else) made a will but nevertheless he didn't.
Having said that, I'm not entirely sure it would have made a difference in this case. I thought the ex could make a claim through the Provision Act whether there was a will or not. I just wondered if anyone had any knowledge or experience of similar circumstances and what might be regarded as dependency.
Having said that, I'm not entirely sure it would have made a difference in this case. I thought the ex could make a claim through the Provision Act whether there was a will or not. I just wondered if anyone had any knowledge or experience of similar circumstances and what might be regarded as dependency.
Was she actually dependent on him? If it was just £50 occasionally it doesn't seem like it. There are two ways you can go:
1. As she has no rights under intestacy law apply for probate & leave it to her to object if she wishes. Then you could end up with an expensive Court case if she Provision Act does give her the right; or
2. See if you can get her to accept something which you are all willing to give her on condition that she doesn't contest the probate.
Before you do either, you need a definite answer to your query & I suspect you will have to get it from a solicitor.
2.
1. As she has no rights under intestacy law apply for probate & leave it to her to object if she wishes. Then you could end up with an expensive Court case if she Provision Act does give her the right; or
2. See if you can get her to accept something which you are all willing to give her on condition that she doesn't contest the probate.
Before you do either, you need a definite answer to your query & I suspect you will have to get it from a solicitor.
2.
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