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Category: Law
Satisfied Customers: 33517
Experience:  Barrister at Self Employed Barrister
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I hope you can help me with a problem relating to a Judicial

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I hope you can help me with a problem relating to a Judicial Separation ['JS']. In 2009 my wife obtained a decree of JS. However, we never separated and indeed became reconciled. Sadly she passed away in July. She had been diagnosed with pancreatic cancer in May and was in the process of making a new will but before the will was finished she suffered a stroke at the end of June and was unable to communicate in any way. She died without ever regaining consciousness. In the will she was making she had intended to leave me part of her estate. What now happens? Does the JS become of no effect because of the reconciliation? These are important questions and l would be most grateful for your help and guidance.
The decree of judicial separation operates just like a divorce in terms of its effect on any will - the spouse no longer takes any benefit unless a new will is made specifically stating that is to be the case; this is the case even when you got back together. I would however recommend that you may wish to see a solicitor as you may still have a claim under the Inheritance (Provision for Family and Dependants) Act 1975. Please remember to rate positive.
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