Ex Husband Passed Away. Divorce Settlement Was Not Finalised.

[sweetpee123]

Hi, my ex- husband passed away within 3 months after our divorced was finalised. As i would not agree on his settlement. I did not sign the relevant paperwork. as advised by my Solictors who also lost my paperwork after numerous calls. I now have them back he is now in no position to help me. As he does not deal with this matter.I don't no what Solictors to use. I'm so confused I was told I need a probate Solictor due to his will. I Any advice please. Thank you.

[bednobs]

your post is incredibly muddled and confusing. Your title says the divorce was not finalised, yet your first line says it was

[Buenchico]

As Bednob's post suggests, we need more information.

The fact that you're referring to a will and probate suggests that your former spouse's will names you as an executor. If so, you can seek probate yourself; you don't need to use a solicitor. Your local Probate registry can advise you. The contact details can be found here: https://courttribunalfinder.service.gov.uk/search/postcode?aol=Probate

If the will leaves everything to you (or otherwise disposes of your ex's estate in a way that you're happy with) then everything should be straightforward. However if you wish to challenge the terms of his will (on the grounds that it fails to make reasonable provision for your needs) you'll definitely need the services of a solicitor.

[hc4361]

If the Will was made before the divorce any gift to you has lapsed - so your question is not straightforward

[murraymints]

surely divorce will not affect any bequests made to wife whether divorced or not..the last will will still stand good, if it had not been changed then it stands ....

As for settlement , that is complicated and you will need to take expert advice..but if you had a 100% reciprocal arrangement as most spouses do then that will supercede any "settlement" I would think....

one thing at a time though..get will sorted..if you are executor probate can be handled by yourself or solicitor..more lengthy and costly going latter route..

good luck

[hc4361]

A divorce has the same affect on the Will as the death of a beneficiary
http://www.makeawill.co.uk/page-divorce-file-75.html

[Old_Geezer]

I don't know Minty. When I made a will out I was advised to add a sentence about anticipation of marriage as otherwise the will would need to be redone were I to ever marry my woman. Surely if that causes issues then a marriage ending would have similar problems ?

[murraymints]

I stand corrected..did not know that..was the divorce absolute ? if ancilliary had not been finalised ? very complimicated !!

[Old_Geezer]

How often that happens. A long time since the last post (40 minutes in this case) and in the few minutes taken to reply, someone sneaks in a more informative one making one's own post superfluous and out of place. Hmmm...

[murraymints]

OG you will never be superfluous .. xx

[mikey4444]

HC has it right here.

[Barmaid]

Sweetpee. In my view, you need to see a solicitor who specialises in probate. You should seek out one who is a member of STEP (Society of Trust and Estate Practitioners) or ACTAPS (Association of Contentious Trusts and Probate Specialists) or a barrister on the direct access scheme.

Because you have not given enough information in your OP, it is impossible to say. My biggest concern for you is the fact that the divorce settlement was not finalised and thus you may need to bring a claim pursuant to the family provision legislation. There are all sorts of tricky issues that arise in these circumstances but a specialist lawyer should be able to sort this out relatively quickly. Act fast though.......

[Peter Pedant]

thank you Barmaid

to add rather than criticise
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/271980/2322.pdf

says that bequests to former spouses.... lapse.
(yeah OK I know you already know that)

so yeah the leddy needs expert advice....

[oh and thanks BM for Sherrington v Sherrington - shocking ! is all I can say]

[Peter Pedant]

not to barmaid
of course not to barmaid
I still love you barmaid mwah mwah mwah ( youthful evanescent HOPELESS airkisses waft away slowly.....)

the doc is worth a read - for us amateur will writers ( not you Chris)

divorcees are told to re write wills - clearly not done here



and also a bequest : a million to Missy and if she is not alive, then the cats home......
presently if Missy has given you the boot - the cats home dont get it
( is that ademption ?) anyway god knows but it is a mess

[ and the law commission wanted to change the law so that the cats home would ....)

[Barmaid]

Of course I already knew that! This is why SP needs specialist help - particularly if divorce settlement has not been finalised. Under the Inheritance (Provision for Family and Dependents) Act 1975 as a spouse or former spouse (depending on the precise status of the divorce) she may well have a claim. There are other factors as well. eg, was there a house, how was it held, has there been a severance.

These "not quite sorted the divorce" death cases are tricky.

[hc4361]

We don't know when the Will was written. If it was after the divorce there may be no provision for the ex-wife or any provision may not be in accordance with the proposed divorce settlement.

[Barmaid]

Precisely, HC, that is why she needs to explore her options with a specialist.