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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11132
Experience:  30 years as a practising solicitor.
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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: 3 years ago.
Category: 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.
Do you still pay maintenance to your ex?
Are there still any assets in joint names?
Clare
Customer: replied 3 years ago.

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

Expert:  Clare replied 3 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 3 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: 11132
Experience: 30 years as a practising solicitor.
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