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Hello, my name is Peter, I’ve been asked to look at this for you, thank you for your patience.
Please bear in mind as this is an email service and not live chat I may not respond immediately.
Can you give me a little more information please? Are there still financial ties between you? Here you considering divorce or not, after this time?
OK. Then though technically you are open to a claim, as you remain married, it's less likely due to the passage of time to succeed. Do you have any property/ assets?
OK. Then you are both open to a claim from the other, though as I said, the success of a claim diminishes due to the passage of time and the fact that it will be harder to establish 'need' as a result.
Have you considered a separation 'contract'? Though a judge can overturn this in a divorce settlement, if deemed unfair, it is a good way to set out the agreement in terms of assets and if fair to both of you the court would most likely follow it.
Have you amended your will? If you have not, or you do not have a will, your spouse would stand to inherit your estate when you pass away.
I hope this clarifies the issues.
Let me know if there is anything further I can assist with.
Your sons could contest his will (make a claim under the inheritance act) if reasonable provision is not made for them, rather than you contesting. As to whether he can contest your will, again he would have to establish that reasonable provision should have been made for him - so it's entirely a factual and time specific argument too make.
I hope this clarifies the points.
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