Inheritance when informally separated

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boltownes

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Scenario: Informally separated husband has made will providing circa 25 % to wife and 15% to stepchild out of the total bequest.
Question 1: What are the wife and stepchild entitled to if they wish to contest the will?
Question 2: is it a simple matter for them both to accept the terms of the will and renounce any legal entitlement?

Many thanks in advance for replies on this.
 
boltownes said:
Scenario: Informally separated husband has made will providing circa 25 % to wife and 15% to stepchild out of the total bequest.
Question 1: What are the wife and stepchild entitled to if they wish to contest the will?
Question 2: is it a simple matter for them both to accept the terms of the will and renounce any legal entitlement?

Many thanks in advance for replies on this.
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My understanding is that a spouse is entitled to 1/2 of his/her spouse’s estate where there are no children and 1/3 if there are children. i.e. actual children rather than stepchildren. And that these entitlements override any lesser provision in someone’s Will.

It is possible to ‘disclaim’ an inheritance, but it’s a tricky area and specialist legal advice should be obtained. I’d also be wary of someone promising me that they’d disclaim their entitlement.

Would it not be easier to formalise the marital breakup?
 
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