Death

[Kespray]

My father died recently and was still married to his 2nd wife although separated for over 2 years (she left him). His will leaves a legacy to her and the rest to his children. He only has a house which was fully paid for before he remarried after my mothers death. Is she entitled to anything other than the legacy?

[bednobs]

hmm, people who have already died arent entitled to anything

[Barmaid]

Under the Will she is only entitled to the legacy since she was not divorced from him (divorce would mean her legacy fails). However, as an undivorced spouse, she DOES have a claim under the Inheritance (Provision for Family and Dependants) Act 1975 for "reasonable financial provision otherwise than for her maintenance". IE she is entitled to attempt to claim on the estate and one of the tests that will be applied is the "deemed divorce test" - what she would have received had the marriage ended in divorce rather than death. She has 6 months from the Grant of Probate to make the claim and thereafter can apply to make an application out of time (but needs a good reason). Unless she claims under the Act, she is not entitled to anything more and IF she claims under the Act she has to prove her claim.

[Kespray]

Thanks thats really helped, thought she might be able to claim on dad's house, as she had already told him she was entitled to half the house before he made his will.