Uncles Estate - late ex wife's sister making claim

Annieindublin said:
A friend of my mothers is in her early ‘70s and is separated. He pays her maintenance, he’s generous according to her. They’ve been living apart for 40 years. The main reason.. according to her, life insurance and pension… I did say that if they did divorce matters like that would be covered but he’s a decade older than her and she says she’s not bothered now. Their kid is grown up. They’ve both made wills leaving everything to each other or their child.

Dunno what will happen if one of them needs nursing home care, she lives in marital home he owns a flat. Could be messy if they needed fair deal to cover costs maybe. Dunno. Maybe it’s simpler.
Click to expand...
This arrangement sounds very amicable and civilised…..
 
ClubMan said:
Yep. Two family members are in this position. One judicially separated for decades but for various complicated reasons neither party has sought a divorce. The other living separately for years but never even got judicially separated. Both family members live in a sort of limbo because of these unresolved situations hanging over them/their families! I'm only marginally better having taken more than a decade after judicial separation to finally get divorced! :rolleyes:
Click to expand...
Same here, got a judicial separation in 2014, and finally now divorced woo hoo, was worth the wait. My ex was engaged before we even divorced, so I walked away a free woman, he walked straight into the next marriage
 
Sj7791 said:
Yes sorry, his ex wife, he died in March & she died in a October. It was not a happy marriage, or break up and they didn’t not speak again after they separated, apart from her letter for maintenance. The documents describing their marriage were not a pleasant read…..
Click to expand...
I understand, but the key thing is that he was still married and the wife, albeit estranged and seemingly separated in some shape or form, seems to have still had a statutory entitlement to claim on his estate which her sister now seems to be pursuing. I presume that you've spoken to a solicitor about this?
 
Monbretia said:
The copy of the agreement you have that isn't signed, is this just a copy? Was the original perhaps with the will or with the solicitor? I know I have a similar agreement and the one I have in my files is a copy of the original draft which we were both given to approve but not the actual signed one which is the same wording but signed by both parties, that is with my solicitor.
Click to expand...
We have contacted every solicitor he ever dealt with, the original family law solicitor, the solicitor my parents used, our grandparents probate solicitor and no one holds files from 1978….even tried the national archives….it’s in the hands of our uncles current solicitor, and we are confident that he will gather what he can, to build a case against their claim, he was a stranger to them, a charity would be more deserving of his money than them, but the law is the law, so we can’t do a lot to stop them
 
ClubMan said:
I understand, but the key thing is that he was still married and the wife, albeit estranged and seemingly separated in some shape or form, seems to have still had a statutory entitlement to claim on his estate which her sister now seems to be pursuing. I presume that you've spoken to a solicitor about this?
Click to expand...
We do have a good solicitor working on it, one our uncle used for the later stages of his life. Fingers crossed….
 
How much money is actually involved here?

Theres a good chance agreeing a settlement will be cheaper than legal fees.

Never forget the lesson of Jarndyce vs. Jarndyce.
 
You must log in or register to reply here.
Back
Top