Question:
Dear Elaine
I have recently learned that my husband and father of my 2 children passed away. We did not formally separate nor did any divorce proceedings issue. I went to court when my children were younger and secured a maintenance order as against my husband, he paid for a few months but then stopped and there was a period of approximately 10 years where I received no maintenance.
What are my options here?
D.
Answer:
If you and your husband were living apart but did not have a formal separation agreement or divorce you continue to be spouses in the eyes of the law. This means that you are entitled to inherit the appropriate share of your husbands estate. Your inheritance entitlements will depend on whether or not your husband left a valid will or not. If your husband did not leave a will, you as his spouse are entitled to a two thirds share of his estate with the remainder one third falling to his children equally. If your husband did leave a will but did not include you under his will, you are entitled to your legal right share which in this case is one third. Apart from your share in his estate, the unpaid maintenance will be viewed as a debt of the estate and will be paid to you in addition to your legal right share. A solicitor will help you navigate this situation.