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

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lyn1954 | 17:25 Wed 11th Jan 2012 | Law
11 Answers
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
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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.
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.
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.
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
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.
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.
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.
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
Thanks for the correction - out of date on that one.
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 !
If my ex had got the lot - I would come back and haunt him

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