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 Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35057
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Type Your Family Law Question Here...
Clare is online now

My husband and I separated over three years ago, with a view

This answer was rated:

My husband and I separated over three years ago, with a view to him arranging a divorce after the 'two year' period, at his cost. This has never happened. We set up a personal 'Deed of Separation' using a Law Pack for guidance. I'd suggested that I would be happy to accept a mutually agreed 'settlement' from him with no comeback. This happened without a hitch. My question is - 'if either of us dies, without anything legal being in place, would the respective family be able to claim against our estates?'
Thank you for your question.
My name is XXXXX XXXXX
I will do my best to help you but I need some further information first.
have all the assets been divided and are there any children involved?
Is there any reason why you do not issue the Petition
Customer: replied 4 years ago.

We are perfectly happy with the 'split' and personal arrangements in connection with the assets. No dependants involved (although we both have adult children with their own families).


I have not issued the petition as my estranged husband promised to see to this, as he was better financially placed.

In the event that one of you dies whilst still married then unless that person has made a Will the surviving spouse would receive the first £250,000 if the estate and a life interest in half of the remainder
If a Will has been made which makes no provision for the survivor then technically a claim could be made against the estate but the existence of the Separation agreement makes it unlikely that any such claim would be successful
I hope that this is of assistance - please ask if you need further details
Clare and other Family Law Specialists are ready to help you