What am I entitled to if my spouse dies?
Posted on 18th July 2019
Where there’s a Will, there’s a way! At your local solicitors for Wills, we are familiar with advising clients who find themselves in the midst of a separation or divorce on the best way to ensure that their ex-spouse does not benefit from their estate. Sometimes, a Will itself is not enough, and it can be prudent to include a bit more information for your executors so that, if necessary, the Court can see your intentions behind your final wishes.
However, for one Surrey man, Mr Hendry, this was not necessary. Following the breakdown of their relationship, Mrs Hendry filed for a divorce in November 2016, however these proceedings were brought to an end when Mr Hendry died in February the following year.
Mr Hendry’s Will left his £220,000.00 estate divided equally between two children from a previous relationship. When they married, Mr and Mrs Hendry signed a pre-nuptial agreement, stating that Mrs Hendry would only be entitled to £10,000.00 and a flight home on Mr Hendry’s death. Despite this, Mr Hendry’s beneficaries eventually offered to settle the dispute by splitting the estate three ways, which Mrs Hendry refused.
Following a long dispute, the Court held that Mrs Hendry was not entitled to anything from the estate of her husband, due to the fact that she submitted her claim out of time. Now, the Court did not comment on how they would rule should Mrs Hendry have been within time, however the Judge added that they believed Mrs Hendry knew of the time limit, and chose to disregard this.
So, if you want to make sure that your former spouse has no claim against your estate, it’s better to err on the side of caution, and contact your local solicitors for Wills to make sure that your Will is airtight.
Or if you’re in need of some advice about how to achieve the best divorce settlement you can, contact our expert team at your local office – 01772 783 314 (Longridge), 01995 602 129 (Garstang) or 01524 581 306 (Lancaster), or email enquiries@mglegal.co.uk.
MG Legal - Your Local Solicitors
Tagged as: Garstang Solicitors, Lancaster Law, Longridge Solicitors, Solicitors in Preston, Wills and Probate, Your Local Solicitors
Share this post: