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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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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can you claim from a dead persons estate 14 years after you

Customer Question

can you claim from a dead persons estate 14 years after you divorced, he died in march at the age of 65 without taking any pensions. When we divorced to get out quick I didn't put any hold on his pensions. Is there anything I can do now?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
When was the Decree Absolute granted?
Was he paying spouse maintenance?
have you remarried at all?
Clare
Customer: replied 3 years ago.

22 april 2001


he has not paid any spouse maintenace


I have not remarried

Expert:  Clare replied 3 years ago.
Hi
Was there a financial order within the divorce proceedings?
Clare
Customer: replied 3 years ago.

we split half value of house which was about £60,000 that's all

Expert:  Clare replied 3 years ago.
Hi
Was there a final court order sealed by the court?
Clare
Customer: replied 3 years ago.

I think so, not sure.

Expert:  Clare replied 3 years ago.
Hi
Had your ex remarried?
Clare
Customer: replied 3 years ago.

no

Expert:  Clare replied 3 years ago.
Hi
If there was a final financial order made within the divorce proceedings (and you believe there was) then I am afraid that there is no further claim that you can make
If you were still financially reliant on your ex then again a claim could have been made
The fact that you are not restricts the options available to you.
In fact the only option is going to be approaching the Pension companies to see if they will consider your claims
I am sorry not to give better news - please ask if you need further details
Clare
Customer: replied 3 years ago.

Thanks for all your help.

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