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Harris
Harris, Family Law Expert
Category: Family Law
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Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My divorce was finalised around November 2014 in the

Resolved Question:

Hi my divorce was finalised around November 2014 in the settlement we both agreed a clean break & to have no claim over any future inheritance pensions etc.
Shortly after this my uncle passed away & in the will he mentioned my ex wife's name as the will was drawn up when we were still together so both our names were to be given a said sum of money. Even though we were now divorced she managed to take half despite some members of my family receiving nothing.
Do I have some sort of legal ground to take her to court over the other half of the money which my Uncle would have left to me if he had realised we were getting divorced.
Submitted: 8 months ago.
Category: Family Law
Expert:  Harris replied 8 months ago.

Hi, thank you for your question. Unfortunately your uncle is free to leave his estate to anyone he wishes and the clean break you reached with your wife is only in relation to claims between you regarding your own assets - the inheritance from your uncle to her is not a matrimonial issue and the clean break prevents you from applying to court to seek a share of her inheritance.

Your uncle had no legal obligation to distribute his estate to family members, however if he had children, dependants or cohabitees of people who were financially reliant on him they would have been able to apply to court for reasonable financial provision from his estate - the time limit for this is 6 months from grant of probate.

I appreciate that this may not be the answer you would have hoped for, but if you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you,

Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2288
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
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