Separation not divorce.

[Hughes 66]

My friend is 88 she owns her own house half shared with her daughter.She wonders if her sons separated wife for 12 years,would be entitled to any of the half share she will leave to her son on her death.She would change the will if the answer is yes.

[jason1980]

As far as I am aware I think she would be entitled to half of the value if he sold his share of the property and so long as she is still married to him. If they are divorced then she has no right at all.

[themas]

Yes, if they are still married when he inherits his wife might have a claim in any subsequent divorce. It would not necessarily be a half - if the couple could not agree on the financial settlement in the divorce it would eventually be settled by a judge, but this is long drawn out and expensive in legal costs. It could be - depending on the circumstances of the marriage - that the wife would not get any part of the inheritance. I do not think (but am not certain) that the wife has a claim so long as they remain separated and do not divorce.

Your friend should get legal advice about the best way to alter her Will, if this is what she decides to do.

[lady_p_gold]

You say she owns the house half shared with her daughter. Do you mean they are tenants in common, or are they joint tenants. If they are joint tenants then upon her death her daughter would then own all of the house and she would not be able to leave it to her son I would have thought, and the son's separated wife could have no claim. If they are tenants in common then she could leave her half share to her son, and yes his assets would all form part of the 'marital assets' when or if they divorced and she could have a claim.

[erimus1]

Yes - see Matramonial Homes Act, Matroromonial Causes Act & Familly Law Act for details.