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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1494
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My wife and I have been separated for almost 8 years, very

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My wife and I have been separated for almost 8 years, very amicably and with no issues. We separated because I ran up severe credit card debts and covered this up. When we separated we sold our house for £500,000, paid off the credit cards for an agreed £50,000 and our mortgage for £120,000, leaving £330,000. I felt so guilty that we'd lost everything because of my stupidity that I told my wife I only wanted £10,000 to rent a flat and re start, her solicitor advised against this but I felt it was the right thing to do and so signed off everything to her. To this day I have no regrets, however, I'm 62 and receiving a decent company pension, live with my 92 year old mother as her carer in a £460,000 house in our joint names, her choice. I am the sole heir although my parents made a will many years ago leaving everything to both my wife and me. My wife with her £320,000 bought a house which is now worth £500,000... here comes the question, while we are still married am I entitled to 50% of her estate (as she is of mine) or can she write me out of her will leaving everything to our two children, which I also intend to do, but leaving me with no claim on her estate whatsoever? We don't intend to divorce and still holiday together every year. Where do I stand legally ?
Roger.

Hello

Welcome to Just Answer

I am a Solicitor and will assist you.

Please may I ask:

- although I appreciate that you have not divorced so there will be o final order made in relation to the matrimonial finances, was there any agreement in writing when you separated such as a separation agreement by deed?

- how long were you married?

kind regards

Caroline

Customer: replied 5 months ago.
When we separated, after 33 years of marriage, there was no formal written agreement between us on any terms of our separation. I am not looking for any monetary agreement now, I just wish to know, as we are still legally married(41 years in August) if I would be entitled to 50% of her estate as she would be to mine?

Hello

Thank you for your response and for clarifying that for me.

What you need to know is that as you are still married then should either of you pass away and no provision be made for you in either of the others wills then either of you would be able to make a claim under the Inheritance (Provision for Family and Dependants) Act.

A claim under this Act would only be barred if you were to divorce and there was an order made in relation to the matrimonial finances preventing the same.

As this has not happened in your case then either of you could make a claim under this act.

As you have been married for such a long time then the court in an Inheritance Act Claim of this type would undergo a 'divorce' type settlement. That being an award would likely be made in line with what would have been ordered should you have divorced and dealt with the matrimonial finances. Given the length of your marriage then the starting point would be an equal division.

If I can assist you further then please do not hesitate to ask

kind regards

Caroline

Please kindly remember to rate positively by using the stars so that credit is received for helping you today.

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Customer: replied 5 months ago.
Caroline, thank you for clarifying the position, I don't think we will get divorced, neither of us is involved with a.n.other. We live several hundred miles apart she in Surrey, me in Cornwall looking after my 92 year old mother, she not far from her 93 year old parents and until their demise, nothing will change. We are holidaying together on the Isles of Scilly this year, lets hope for a happy future. Thanks you so much for your advice. Roger.

Hello Roger

Thank you for your response. Glad that I could help you. I do wish you all the best for the future. If I can assist you any further then please do not hesitate to ask.

kindest regards

Caroline