separation

[ELMAJORI]

if a couple are separated and the spouse dies is the estranged wife/husband entitled to any money?

[woofgang]

do you mean that the spouse hasn't made a will?

[woofgang]

Death of judicially separated spouse.
If, on the death of one of the parties to a marriage, a decree of judicial separation is in force, the property of the deceased spouse passes on intestacy as if the other party to the marriage had then been dead. An order that one party to a marriage be no longer bound to cohabit does not for this purpose have effect as a decree of judicial separation. This, however, is only the position where the death occurred on or after 1 August 1970. Before that date, and now in the case of intestate distribution by reference to a death before 1 August 1970, only property of a wife acquired since the date of decree passes on intestacy in this manner. On the other hand, a wife who had been judicially separated from her husband was entitled on his death intestate to her interests in his property under the ordinary rules.
A covenant by a wife in a separation deed that she would accept an annuity in lieu of her rights at common law or by custom in her husband’s estate on his death did not necessarily bar her claim to her interest on an intestacy.
Divorce.
Where a marriage is null or has been annulled or dissolved by a decree absolute of divorce, on the death intestate of one party to the marriage the other is not a surviving husband or wife and therefore takes no interest in the estate
http://www.sayermoore.co.uk/Intestacy.ink

[Dee Sa]

my pal is seperated from her spouse and the only reason she doesnt divorce is that she will his pension for 12 mnths after he dies. She has put up with awul lot and deserves every penny and more and she will also get lumbered the funeral expenses.

[woofgang]

pension rules are different from inheritance and depend on the rules of the pension provider

[ELMAJORI]

Thanks everyone for taking the time to answer. Very grateful.

[fredpuli47]

What do you mean by 'separated' ? Do you mean just 'not living together' or do you mean that there's a court order for judicial separation?

If it's just a case of not living together they are still married and the survivor is entitled to inherit under the intestacy rules, if there's no Will of the deceased spouse, or under the terms of the Will, if there is and it leaves her something, with the right to claim, as the spouse, for adequate provision in either case. In the case of no Will, what he or she is entitled to depends on whether there are children or other close relatives.