separation agreements and death

[ethandron]

does anyone know if a separation agreement, signed by both parties, is completely legally binding in the event of one of the parties dying? does it take presidence over the will? for example, if the separation agreement states that half the house goes to each party, but the will of the deceased (who is the sole person named on the deeds) states something different, which is the legally binding?

[dzug]

If the separation agreement says that half the house goes to each party, then why hasn't the registration of the house been changed to reflect this? Too soon, or just not bothered? Or trying to avoid the agreement?

And depending on the type of joint ownership the deceased's half may be his to bequeath as he wants - are you sure that's not what the will says?

As to which is legally binding, they both are. To find out which takes precedence you'll either need to negotiate a settlement or embark on a very expensive court case. That is the deceased's estate is sued to carry out that part of the settlement that he failed to do in his lifetime.