Is he still entiteld to anything from my estate even if I left a will stating otherwise
2007-02-01 20:37:36 · 21 answers · asked by Mar 4 in Family & Relationships ➔ Marriage & Divorce
My understanding is no - provided your will is valid. However, is there any reason why you have not filed for divorce yet? If you live in England & Wales you can file for divorce on the grounds of 2 years separation (provided your husband consents to divorce).
2007-02-01 22:19:18 · answer #1 · answered by Colin S 2 · 1⤊ 0⤋
You may wish to seek professional legal advice on this one. As far as I know the marriage may be "voided" in common law after seven years although technically you are still married.
A will is binding, and as such, whoever is executor to the estate must carry out your instructions pertaining to the division of the estate. If you did not bequeth him anything, then I think he is entitled to bugger all; and the most he could do was to try and contest the will, which would put it into probate and thus increase the length of time before anyone got anything.
PLEASE do not take this advise as legally sound, as I have limited knowledge in this department. Always talk to a solicitor before making any final decisions that involve Wills, property or money.
Good Luck!
P.S.
Try these for more info:
www.justdivorce.co.uk
www.ohhoo.com
Or you could try the citizens advice bureau
2007-02-01 20:53:10 · answer #2 · answered by Anonymous · 0⤊ 0⤋
He may be, its all according to the laws in your state. Talk to a local attorney, usually consultations are free.
Why the 3 yr separation...why not finalize it, get divorced, that way there will be no doubt as to what hes entitled to.
2007-02-01 20:42:39 · answer #3 · answered by pamomof4 5 · 1⤊ 0⤋
if your write a will and its validated by your lawyer then what is noted in your will - will acted upon at the time of your death.... The document will settle your estate has you see fit and if your husband is not a beneficiary then he will not get anything!
If you are really concerned about this matter it is advisable to talk to your lawyer
2007-02-01 21:11:06 · answer #4 · answered by robert x 7 · 0⤊ 0⤋
Did you get a legal separation or did you just physically separate? Assuming that it's legal, the courts could find that he's entitled to something from your income while the two of you were together. This would also come up during divorce proceedings, so it's not like it's something that you could 'protect' from him anyways.
2007-02-01 20:41:30 · answer #5 · answered by tony1athome 5 · 1⤊ 1⤋
If you are married with no prenuptial agreement he wont have your things. or estate.
If you have a will stating so, legally he cant do anything if that property was yours and you had a prenuptial. But if the property is both yours he will get it.
But I am no expert.
Seek a paralegal advice or lawyers.
2007-02-01 20:41:22 · answer #6 · answered by noteparece? 4 · 1⤊ 0⤋
As long as you remain married to him, he is entitled toeverything if there are no children involved and no will. Depends on local laws even with a will, he may still be able to fight it and get most everything you have if you do not get divorced.
2007-02-01 20:43:55 · answer #7 · answered by Nana 3 · 1⤊ 0⤋
As long as you have had some legal support to draw up the will, he should not be entitled to anything. I dont think a DIY Will, is any good in cases like these.
2007-02-01 20:40:54 · answer #8 · answered by Denise H 4 · 1⤊ 0⤋
yes, 2/3
2007-02-01 21:00:20 · answer #9 · answered by Anarchy99 7 · 0⤊ 0⤋
Depends, are you dead? If not, you better get down there to the lawyers oriface and change that will! If your divorce says he gets this or that and thats it, thats it! Hey, good luck to ya!
2007-02-01 20:42:20 · answer #10 · answered by ndvsne1 4 · 0⤊ 1⤋