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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10458
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I hope you can help, I left my husband a year ago because he

Customer Question

Hello
I hope you can help, I left my husband a year ago because he was very controlling, I was going to ask for a divorce next year after we have been apart for 2 years.
The problem I now have is, he's been told he has in curable cancer, I don't feel I can now ask for a divorce, but we haven't spoken about finances, what if I'm left nothing, what can I do? Would I have the right to contest a will?
Kind regards
Lorraine
Submitted: 11 months ago.
Category: Law
Expert:  Aston Lawyer replied 11 months ago.

Hi Lorraine, thanks for your enquiry. If you were to be omitted from your husband's Will, there is a statute I place called the Inheritance (Provision for Family and Dependents Act) 1975 which states that a spouse can make a claim against the other spouse's Estate if reasonable financial provision has not been left for them in the Will. Although I can't be specific as to what you would inherit under such a claim, the common thread that the Court adopts is that the surviving spouse is entitled to whatever they would have received had the parties divorced. So, you are protected if you do no wish to issue divorce proceedings. You would need to instruct a Solicitor to deal with such a claim if anything were to happen to your husband- basically, a claim must be made within 6 months of death. I hope this assists you and sets out the legal position. If I have helped, I would be grateful if you could rate my answer. All the best, Al

Expert:  Aston Lawyer replied 11 months ago.

Hi Lorraine, can I assist you any further? Kind Regards Al

Expert:  Aston Lawyer replied 11 months ago.

Hi, please don't forget to rate my answer, if I have helped. Kind Regards Al