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My sister died intestate last January (2011), she had been estranged from her husband
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
Kind Regards
Answers
Best Answer
No best answer has yet been selected by lyn1954. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ.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.
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.
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.
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: 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
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