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Legal matters

MIL died, still married to ex.

4 replies

Justsodamnsadnow · 10/10/2015 04:24

Hi,

Posting on behalf of dh who just wants an idea of what to expect. Sorry if I don't make much sense.

MIL died suddenly the other day. She's still married to ex who she hates. They split three years ago and split the proceeds of their house sale at the time equally, she said that she got him to sign a document saying he would never try and claim anything else from her. (she worked hard in good job while he spent the money, no kids together or anything). We can't find this document.
Dh's mum said she'd made provision for her children but we cannot find a will. Dh has one more avenue to explore - a meeting with the bank once death cert is issued, but if there is no will, her ex will get everything, right, and her children won't get anything?

Dh doesn't know what to do. His mum would be distraught to know her ex could stop him providing for her kids. They were her life. Dh is worried that people will think all he cares about is money too. Which is not true. It's not fair her ex should profit from such a sad event, especially when he's still living it up on the payout from three years ago.

MIL'S place of work have offered a certain amount of legal help as they were already aware of the situation with her ex, but it will take a while before they can even meet to discuss, so can anyone shed any light on rights or what to expect? Or should dh and his sibling just accept now they have no rights with their mum's stuff and try to get over it?

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FishWithABicycle · 10/10/2015 04:46

If you can't find a will document yourself the first step would be to make enquiries with local solicitors to find if any of them have records of drafting one.

If you conclude there was no will then intestacy laws may apply - in which case the surviving spouse does not get everything unless everything is worth less than £250k. If more, the surviving spouse gets £250k plus half the remainder. The other half of the remainder is split among DH and his siblings, if he has any (or if he has a deceased sibling who had children then his nieces/nephews).

Is your DH completely estranged from his father? If not then presumably even if the money does go to his father then he will be in line for it some day?

But finding that missing document would definitely be worth spending some time on.

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Justsodamnsadnow · 10/10/2015 04:55

Sorry MIL's ex is not dh's father. Dh's father remarried years and years ago.
We think estate is around 200k. We are calling solicitors and trying to find this doc but no luck so far. MIL kept meticulous records, but no sign of these two things. It's just so strange. Thanks for your help

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Micah · 10/10/2015 04:58

Fish- o/p says mil and ex had no kids, so I read it as ex is not dh's father.

O/p sounds like you need to go through all your mil's stuff thoroughly. I agree with the suggestion of ringing round local solicitors too, not just for the will but the claim document too. Also ask her friends, chances are one or more would have been asked to witness a will.

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mumblechum1 · 10/10/2015 14:51

Also try the major will databases www.certainty.co.uk/findawill/home/index.ashx?gclid=CjwKEAjw7uKwBRDUlJvRo-z6rgMSJACbmSBhy91LFaLn6_WnvhgcbJ_ZoktoDTTBRLULj1F3MVSFWhoCi-Tw_wcB

www.gov.uk/search-will-probate

but you mention that she had him sign a document to say he had no further claim. If this was part of a consent order in divorce proceedings it would make matters a lot easier!

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