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 JGM Your Own Question

JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 10259
Experience:  30 years as a practising solicitor.
31090051
Type Your Law Question Here...
JGM is online now

WRITINY MY WILL

Resolved Question:

MY WIFE AND I SEPERATED 26 YEARS AGO AND OBTAINED A SEPERATION AGREEMENT TO COVER FINANCIAL PAYMENTS TO OUR CHILDREN AND THE DISPOSAL OF PROPERTY. WE HAVE LIVED APART SINCE THEN BUT NEVER DIVORCED. I NOW NEED TO WRITE A WILL AND WONDER WHAT CLAIM MY ESTRANGED WIFE HAS ON MY ESTATE AND SHOULD I DIVORCE HER TO GIVE ME MORE CONTROL OVER DISPERSAL OF MY ESTATE TO MY CHILDREN. I HAVE LIVED IN SCOTLAND ALL MY LIFE

Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 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.
Do you still pay maintenance to your ex?
Are there still any assets in joint names?
Clare
Customer: replied 2 years ago.

No maintenance payments or assets in joint names.I do pay her a portion of my company pension.

Expert:  Clare replied 2 years ago.
Hi
My apologies - entirely my fault - I had not noticed that you were in Scotland
I shall opt out and transfer you to the correct section
It may take a little time so please be patient my colleagues are worth waiting for
Clare
Expert:  JGM replied 2 years ago.
Thank you for your question.

I am a Scots lawyer and will help you with this.

The separation agreement you entered into may have had a clause in it saying that each of you gave up succession rights in the other's estate. This is a common clause in. Scottish separation agreement. If that is the case then well and good.

However, if not, and in any event to be on the safe side you may want to consider a divorce. The general rule is that a spouse, even if separated and a will is made, has a claim for legal rights to the other spouse's estate and this can have a catastrophic effect if this is only realised after a death. This could be one third of all moveable property.

I recommend you do a quickie divorce in your local sheriff court. You can download the form at www.scotcourts.gov.uk, fill it in, send it to court with the current fee and your marriage certificate and the divorce will come through in about six weeks.

Happy to discuss further.

Please leave a positive response so that I am credited for my time.
JGM, Solicitor
Category: Law
Satisfied Customers: 10259
Experience: 30 years as a practising solicitor.
JGM and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions