Would his - ex?- wife still have any claim on his estate?
Edited topic title for clarity (chas49)
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NomoneyNohoney wrote:Chatting with two friends last night, who have cohabited for 20 or 30 years, turns out the man's divorce never had a decree nisi. He and his wife were in the process of divorcing but didn't finish it off, basically.
Would his - ex?- wife still have any claim on his estate?
NomoneyNohoney wrote:This is why I'm asking. The marriage was over many years ago, his assets are minimal, but if inaction means they would still go to his wife, then I would counsel him to finish the divorce properly, otherwise the lady he has lived with for 30 years will get a double shock when he dies. Hence my interest in his marital status.
NomoneyNohoney wrote:This is why I'm asking. The marriage was over many years ago, his assets are minimal, but if inaction means they would still go to his wife, then I would counsel him to finish the divorce properly, otherwise the lady he has lived with for 30 years will get a double shock when he dies. Hence my interest in his marital status.
NomoneyNohoney wrote:Chatting with two friends last night, who have cohabited for 20 or 30 years, turns out the man's divorce never had a decree nisi. He and his wife were in the process of divorcing but didn't finish it off, basically.
Would his - ex?- wife still have any claim on his estate?
Clitheroekid wrote:NomoneyNohoney wrote:Chatting with two friends last night, who have cohabited for 20 or 30 years, turns out the man's divorce never had a decree nisi. He and his wife were in the process of divorcing but didn't finish it off, basically.
Would his - ex?- wife still have any claim on his estate?
If the decree absolute was never issued then he is still married. If he were to die intestate, with only a small estate, his assets would automatically pass to his wife.
His partner could make a claim against the estate, and would probably succeed, but if his assets are indeed only `minimal' then the cost of the claim would be disproportionate.
He could apply for the DA now, though he would have to offer an explanation as to why it had been left so long. He may well find that the court no longer has any paperwork, so that they would need to try to reconstruct the file. All in all it could be quite complicated to sort out.
On the basis that he does have very few assets he might simply choose not to bother, instead making a Will leaving everything to his partner. Although his wife could technically make a claim against his estate I would think it extremely unlikely that she would. If she were to take legal advice I can't see any lawyer advising it would be worth pursuing.
One thing he should bear in mind is that although he may have few assets now he may have life insurance payable to his estate, which might strengthen the argument for getting the DA. He should therefore ensure that any life policies are put in trust for his partner and/or children. Also, if he's still working he may have death in service benefits which, though not part of his estate, may nevertheless be paid to his wife if he does nothing about it.
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