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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34107
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My husband and I separated over three years ago, with a view

Resolved Question:

My husband and I separated over three years ago, with a view to him arranging a divorce after the 'two year' period, at his cost. This has never happened. We set up a personal 'Deed of Separation' using a Law Pack for guidance. I'd suggested that I would be happy to accept a mutually agreed 'settlement' from him with no comeback. This happened without a hitch. My question is - 'if either of us dies, without anything legal being in place, would the respective family be able to claim against our estates?'
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is XXXXX XXXXX
I will do my best to help you but I need some further information first.
have all the assets been divided and are there any children involved?
Is there any reason why you do not issue the Petition
Clare
Customer: replied 3 years ago.

We are perfectly happy with the 'split' and personal arrangements in connection with the assets. No dependants involved (although we both have adult children with their own families).


 


I have not issued the petition as my estranged husband promised to see to this, as he was better financially placed.

Expert:  Clare replied 3 years ago.
Hi
In the event that one of you dies whilst still married then unless that person has made a Will the surviving spouse would receive the first £250,000 if the estate and a life interest in half of the remainder
If a Will has been made which makes no provision for the survivor then technically a claim could be made against the estate but the existence of the Separation agreement makes it unlikely that any such claim would be successful
I hope that this is of assistance - please ask if you need further details
Clare
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