Dying Without A Will - Missing Estranged Spouse - Rules Of Intestacy

[Barquentine]

Wife and husband separated 30 years ago. Wife has died. No known whereabouts of estranged spouse. Never divorced. No children. No Will.
Rules of Intestacy - husband gets everything. Deceased would not want him to get anything. Any way round this - apart from not searching for him? Thanks.

[DJHawkes]

i could search up to 2007 for you to see if he's died, as long as you know his full name and DOB

[Buenchico]

Any person who was, immediately before the death of the deceased woman, being maintained by her (either wholly or partly) would have the right to apply to a court for an order varying the intestacy rules in order to provide them with reasonable financial provision:
http://www.legislation.gov.uk/ukpga/1975/63/section/1

Otherwise there are no powers for a court to vary the intestacy rules.

[Barmaid]

Was it a formal or informal separation? Ie was there a judicial separation order in force?

[Peter Pedant]

O god we all know the answer to this:

if you have property and you dont want X to get it, who will if you die intestate, then you MUST (emphasis not shouting but shouting would do) leave a will.

The norm used to be to advertise for lost husbands in the News of the Screws but presumably Dun on Sunday will now do.

[Barquentine]

Thanks to all and to Peter Pedant who is quite right of course. Husband was found - in hospital on his death bed - Deceased's family asked if he would disclaim which he said he would. But delays by his family meant the deed wasn't signed before he too shuffled off etc. So all her savings and flat (which she wanted her sisters to have) now go to his family! Lots of very sad faces! I think they may get round to their wills now!! Ho hum.