How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask michael holly Your Own Question
michael holly
michael holly, Family Solicitor
Category: Family Law
Satisfied Customers: 6812
Experience:  BA Hons degree Law , Solicitors finals, 20 years experience, trained family law mediator.
12609314
Type Your Family Law Question Here...
michael holly is online now

If seperated from my wife and living apart for over 10

Resolved Question:

If seperated from my wife and living apart for over 10 years. Can she challenge my will when I die .also can my 2 other siblings challenge my will if I leave it all to my eldest son
Submitted: 10 months ago.
Category: Family Law
Expert:  michael holly replied 10 months ago.

Just because you are not divorced she cannot automatically challenge you Will.

As far as it possible the courts will try to put into effect the intentions of the Will maker rather than interfere with them.

They will interfere where they believe that the deceased would have wanted to leave something to somebody but did not get round to changing their Will. A good example is the grandparent supporting a grandchild at college at the time when they die. A court would presume that the grandparent would have wanted to continue to do so.

Your siblings would not succeed as against you son it is natural to go down the family line.

Best regards

Michael

Customer: replied 10 months ago.
If that is the case can anyone witness my diy will purchased from a shop or would it have to be a solicitor etc.to make it legal
Expert:  michael holly replied 10 months ago.

Anyone can witness your Will apart from the beneficiary , your eldest son.

Best regards

Michael

Expert:  Clare replied 10 months ago.

My name is ***** ***** I have been a solicitor for more than 30 years.

I am afraid that matters are not quite so straightforward so far as your wife is concerned.

If there has been no previous division of the matrimonial assets then it is likely that she will potentially be able to make a claim using the Inheritance (Provision for Family and Dependants ) Act 1975

Customer: replied 10 months ago.
Why is it that your answer seems straight forward but a colegue of yours Claire paints a different picture.and if so if I make a statement to the effect that I don't want to leave her an thing will that be binding.
Expert:  michael holly replied 10 months ago.

Claire is correct that if you did not reach a financial settlement on separation that there is a potential claim. If your financial position was and is much better than hers after separation she may be successful even after the passage of time as such a statement to accompany the Will can explain why you have not left her anything. The statement is persuasive but would not prevent a court from giving her something if they felt it was the right thing to do.

Best regards

Michael

michael holly, Family Solicitor
Category: Family Law
Satisfied Customers: 6812
Experience: BA Hons degree Law , Solicitors finals, 20 years experience, trained family law mediator.
michael holly and other Family Law Specialists are ready to help you

Related Family Law Questions