when seperated spouse dies

[cottage29]

UPDATE. to my earlier question. I have been seperated from ny husband for nearly three years. He has now died. Do I inherit all the estate. There is no will and no children

[THAIBUS]

I would think you would inherit everything if there is no will but could take some time to sort out

[NORMANTHEDOG]

has he got any other relatives,if so,they may stake a claim for it.

[beryllium]

he has died INTESTATE, and the courts have to approach all living relatives first aswell as yourself, but since you are seperated, or are you divorced? I dont think you'll be first on the list of the people they will contact.
It is important to be aware that the spouse of a deceased person who died Intestate, DOES NOT automatically inherit the whole of the estate, if the total value of the free estate passing on the death, is of substantial value. The Law prescribes what a surviving spouse can automatically receive, this is known as the Statutory legacy, and the amount is dependent on whether or not the deceased was also survived by issue and certain other relatives, again in order of strict priority.

[beryllium]

Order of Entitlement under the Intestacy rules.
The administration of estates act 1925

Administration of estates acts provisions.

First, where there is a surviving spouse he or she takes everything unless the Intestate left certain relatives.

(a) If the Intestate also left issue (that is children, grandchildren and remoter lineal decedents) the spouse and issue share the estate provided the issue satisfy the requirements of the statutory trusts.

(b) If the Intestate left no surviving issue, but left a surviving parent or parents, the parent(s) and the spouse share the estate. The parent(s) take(s) the property absolutely or in equal shares. If no parent survives but the Intestate left a living brother or sister of the whole blood (or other issue) they share the assets with the spouse, provided that they satisfy the requirements of the statutory trusts.

If the Intestate left no surviving spouse, the estate is distributed as follows.

(a) To issue on the statutory trusts, but if none then to

(b) Parents absolutely (and equally if both are alive), but if none, then to

(c) Brothers and sisters of the whole blood (i.e. the children of the same parents as the deceased) on the statutory trusts, but if none then to

(d) Brothers and sisters of half blood, (i.e. those who share one parent with the deceased) on the statutory trusts, but if none then to

(e) Grandparents absolutely (and equally if both are alive), but if none, then to

(f) Uncles and aunts of the whole blood i.e. brothers and sisters of the whole blood of one of the parents of the deceased) on the statutory trusts, but if none then to

(g) Uncles and aunts of the half blood (i.e. those with one parent in common with one of the parents of the deceased) on the statutory trusts, but if none

[beryllium]

cont:

Section 46(1)(vi) of the administration of estates act 1925 gives the crown a discretion to make provisions for dependents of the Intestate whether they are related to the deceased or not. Similarly the Crown may provide for �other persons for whom the Intestate might reasonable have been expected to make provision�.

If the Intestate died resident within the Duchy of Lancashire or in Cornwall, the Duchy or the Duke of Cornwall respectively take the assets as bona vacantia subject to the same conditions.

It should be noted that each category must be considered in the order listed above and only if there is no one in a particular category is it necessary to consider the next category. Furthermore since a blood relationship is vital under the intestacy rules, the spouse of a person within one of these categories has no right to share in the estate.


All of the above can take considerable time, and the costs incurred to sort it out are deducted directly from the deceased estate

[dzug]

If you have divorced you are entitled to nothing - but may be able to put in a claim for reasonable provision if you were still financially dependent on him.

If you were just separated then you are the principal beneficiary under his intestacy. If you are prepared to take on the role of executor (strictly speaking administrator) it shouldn't actually take any longer or cost any more than if he had left a will. As widow you are first in line of those entitled to apply - or to appoint a solicitor to act for you.

I don't think the courts will approach anyone else unless you turn down the job.

[dzug]

To simplify beryllium's list, the only relatives you need to consider are:

your husband's parents if still alive

If they are dead, your husband's brothers/sisters, and (if they too are dead) their children.

As there is a widow (you) no more distant relative gets a look in.