DandNHill

I know this has nothing to do with Canada but I'm a bit at a loss to know what to do/think... so all the cynics please refrain, I'm struggling here!!!

My ex and I had 3 kids, we were married at the time. We divorced in 2005 and we both remarried. At the time of the divorce I was awarded 1GBP maintenance for myself and then the CSA took care of the kids.

The boys and I moved to Canada in 2011 with my new hubby and our son.

My ex then split up in 2014 from his 2nd wife.

Last Thursday my ex died at the age of 50 and we're all in total shock!!!! The 2nd wife, although they had been estranged for 18 months and the divorce papers were going through is still legally his wife and I'm worried that she will get everything if he didn't have a will. I'm not interested in any personal gain for myself but I don't want my boys to lose out because their divorce wasn't final.

I've contacted his employer to pass on the boys info (two of them are officially adults) to make sure that if they were listed as his beneficiairies that the life insurance company will know how to get in contact with them but I'm not sure what to do about the house and any other assets. Although two of my boys are adults they are still too young to know what to do so I need to gently nudge them in the right direction but I have no idea what that is!

So does anybody have any experience of these things?I'm wondering whether I should contact a lawyer in the UK but money is tight at the moment so I'm not sure what to do. He was as good as divorced from this woman but I'm worried that due to the final papers not having been signed she might get everything!!

Anybody know? Thanks

Again, please, no cynics, I'm trying to figure out what I'm supposed to do. It's not every day that the father of your kids just drops dead aged 50!!!

plasticcanuck

You must hire a lawyer familiar with UK law on such matters.

tweed_wearer

I'm no expert, but I understand that the surviving spouse gets all assets up to a vlaue of 250,000 GBP. Only if the value of the estate exceeds this will anything pass to your sons. Are you quite sure that their divorce was not finalised? Was decree nisi pronounced (not sure it makes any difference but if it was, take legal advice). You did the right thing contacting the company about the lif insurance as those policies are often written into trust for tax purposes. If no named beneficiaries and no deed of trust, presumably it falls into the estate to be distributed as with other property? It is not possible to know for certain whether or not a will is in existence until probate/administration is applied for. You can request a standing search at the local Probate registry (for I think about a tenner) which will notify you when somebody aplies for probate or administration and if probate, a copy of the will can be obtained. This will hopefully reveal if any bequests have been made to your sons. One final option is to consider a claim under the Inheritance (Provision for Family and Dependents) Act on behalf of your sons but if they were not financially supported by their father at the date of his death then this might fail. Best of luck with this.,

quiltman

Have a look here;
https://www.citizensadvice.org.uk/re...-of-intestacy/

took 20 seconds on google.
I agree it's a grey area where a divorce is in progress so you need a definitive ruling from a UK solicitor specialising in family law. Alternatively, it may be possible to email the Citizens advice Bureau and ask them. they have pro-bono lawyers to give advice.

Siouxie

I'm sorry to hear of your loss - regardless of whether you were divorced or not, he was still your childrens' Dad and I'm sure that it must have been upsetting for you.

A lot will decide on whether he left a will or not.

If he didn't, there are strict rules as to who are beneficiaries but it would depend on the value of his estate. From what I understand, an estate valued under £250,000 his present wife would be the sole beneficiary and would keep any property or possessions; if the estate is valued over that both his present wife and your children would benefit.

I would suggest paying for a fixed fee interview with a solicitor if you can - if 2 of your children are older, perhaps they could contribute to this.



You can read more here: https://www.gov.uk/inherits-someone-dies-without-will

Are you on good terms with the present (albeit separated) wife? If so, perhaps approaching her and asking if your children could all have some kind of keepsake of their Father would be a good idea?

DandNHill

With everything going on I didn't even think to google!!!!

Mr Bean

If you need a large shoulder to cry on, then Beanie and the family are close by

Tootlepootle

My father died without a will, well not one anyone could find. We know he had written one with my step mother but they divorced and no-one could find a copy. The difference was their divorce was final.

The Government website is quite useful as to what to do, we were clueless!!

Juggernaut1064

When i divorced many moons ago in the UK my family solicitor told me the first thing i had to do was make a will just in case anything happened to me IF i didn't want my soon to be ex wife to get everything. It was an amicable divorce BUT i had him knock up a basic will for me before he got going on the divorce so i'm guessing that if there's been no changes in the law then this man's present wife will get everything ?

A quick edit, did this guy get a legal separation and if he did would that effect where his estate goes ? Just a thought.

Siouxie

Voluntary separation has no effect but it appears that a Judicial Separation (where you have been to court) does. This pdf may be a little out of date regarding the amounts though.

http://srb.co.uk/wp-content/uploads/.../SRBwmfdsp.pdf

If you are “Judicially Separated” which is an
Order of the Court rather than living apart or a
Separation Agreement, this has an effect on your
Will and the Intestacy Rules.
If you are judicially separated and die intestate,
with no Will, then provided you are still separated
the assets of the deceased will be distributed as
through the other spouse had already died. S.17
and S.18 Matrimonial Causes Act 1973

HGerchikov

So sorry DandDHill to read this, what an absolute nightmare for you. I quoted Juggernauts post because I was having the same thought about your ex having perhaps written a will at the time of his separation. Are you certain he didn't? I have no idea how you would go about finding that out. Perhaps someone else knows?
I think a lawyer in the UK may be your best option. Years ago I found one that did a first consultation for free, maybe there are some that still offer that?
I wish you all the best and I hope you come up with a plan to move forward on this. Nothing worse than not knowing what to do.

Shirtback

I have no advice to add to all the above, just wanted to say I'm thinking of you & your family. What an awful shock,

Tirytory

+ 1

Shard

You need to contact a family lawyer. Phone around, many will be happy to give you ten minutes on the phone for free to ascertain whether there is any work in it or not. Don't bother with Internet searching, just phone a lawyer, and inform yourself properly.