What is the best way to settle an inheritance when the deceased was separated from their spouse, but not legally divorced? | LawHive - Solicitors & Lawyers Online
What is the best way to settle an inheritance when the deceased was separated from their spouse, but not legally divorced?
Hey guys. Advice needed about inheritance’s. My fiancé’s mother has passed away without a will. She separated from her husband a few years ago but never legally formalised the divorce. The husband doesn’t want anything to do with the situation. But because he was the legal husband, we’re struggling to find out what to do to settle the inheritance left behind. Does anyone know if or how we can get the legal rights to the inheritance as the daughter of the deceased who was separated but not legally divorced from her husband?

Karen Crews

20th March 2022

Top Answer
Not qualified. The husband has automatically inhearited anything under 270k and needs to sign away the right to any money. I think it might be a deed of variation. It would be good of he checked with his kids/ family to check nobody was in financial need, and if not probably a deed of variation. That is the name when you vary a will I assume the same with no will but check. It is very lucky that he is prepared to walk away from his rightful inhearitance.

Frank Cuevas

20th March 2022

Tax Adviser. Somebody will have to apply for letters of administration in order deal with estate. The estranged spouse will have to sign a disclaimer stating that he is relinquishing his rights. The estate can then be distributed to the surviving children/ grandchildren. Templates can be found on Google

Cary Brown

20th March 2022

1 upvote

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