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Thomas Judge
Thomas Judge, Family Lawyer
Category: Family Law
Satisfied Customers: 33540
Experience:  Over twenty-five years experience
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My father and mother had been separated years and my

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My father and mother had been separated for 3 years and my father was divorcing my mother and it went to decree nisi but never got to decree absolute because my father was dying from cancer and was ill and actually died so the divorce never got to decree absolute how does this affect who inherits what is it my mother or me and my brother
What level of estate is it?
Customer: replied 2 years ago.


Is there a will?
Customer: replied 2 years ago.

No we could not find it but I know when my parents separated my dad changed his will to leave it to me and my brother

The fact is that as your parents did not divorce (you only divorce at the stage of a DA) then she will still be the main beneficiary. If there are surviving children, grandchildren or great grandchildren of the person who died and the estate is valued at more than £250,000, the partner will inherit:all the personal property and belongings of the person who has died, andthe first £250,000 of the estate, andhalf of the remaining estate.
Customer: replied 2 years ago.

but the only reason it did not go to decree absolute was my dad was to ill and subsequently died

I recognise that - but the fact in law is that they were still married.
Customer: replied 2 years ago.

If I contest the will which I do not really want to do

Will these factors about my dad being to ill and subsequently dying be considered

You need to find the will. That is the key thing to do here. The rules on intestacy are quite clear and as such you should try and find the will or try and come to an agreement if you can with your mother.
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