defunct marriage - legal position

homer75 | 09:29 Sun 27th Aug 2006 | Law

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A friend of mine split up with her husband more than 20 years ago and has never seen him since - she knows where he lives and vice vice versa. They never bothered to get a divorce and she now wonders if, in the event of her death, he would have a claim on her estate. She has made a will in favour of her brother but I think her husband would have a valid claim. What is the legal position here ? Thanks in advance.

Seperation/Divorce

Have you refused a Police Caution?

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lady_p_gold

Did she have a joint property ... that would be the main problem. Yes I am pretty sure he would have a claim on anything that could be classed as the 'marital property'. Best to get a divorce and get it sorted and then she can leave her property to her brother without worry.

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