Anyone been separated from terminally ill spouse?

[Earlgrey19]

I’m looking for help specifically around inheritance and probate in the scenario that you are separated (not divorced) from terminally ill spouse, with children. I am going to really struggle to make ends meet for me and the kids on my income. Meeting a probate lawyer today to find out more about what, if anything, I’ll be entitled to as surviving spouse. My husband hadn’t yet made a will — he’s in the process of doing so, and I don’t know what it will contain, but he has said previously that he’ll leave all of his estate to the children in trust (ages 6 & 4 currently).

If anyone has any insights, or things to look out for, or questions to ask the solicitor, I’d be really grateful.

I think, although not a lawyer, that it will be up to the trustees how they release the money and for what. Your ex will appoint the trustees and can give them guidelines as to what the money is for.

I think, however, that once in trust, the trustees are the ultimate arbiters, regardless of the guidelines.

What are you after here?

If you are financially dependent and he doesn't make provision for you can you challenge the will in some way. Its no good the children having money as adults if you can't adequately house them as very young children.

I'd be worried his family would be left as trustees and they would want to punish you for separating.