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My sister has passed away. She separated from her husband years ago although they never got divorced, so they are technically still married. My sister never made a Will. Will her husband inherit her estate?

My sister has passed away. She separated from her husband years ago although they never got divorced, so they are technically still married. My sister never made a Will. Will her husband inherit her estate?

Related FAQs

What is the Flexible Furlough Scheme?

The Flexible Furlough Scheme, ‘FFS’ an unfortunate acronym, allows employees to work for some of the week and be furloughed for the rest.

What will happen with inquests during the coronavirus outbreak?

The Chief Coroner adopts the approach taken by the Lord Chief Justice in that no physical hearing should take place unless it is urgent and essential business, and it is safe for all involved. If a hearing is to take place, social distancing must be maintained. All hearings that can take place remotely should do so, if it is not possible for social distancing requirements to be met. The expectation is that some hearings will go ahead, most notably Rule 23 hearings. Coroners are reminded that they must however conduct any remote hearings from a court. Decisions as to the most appropriate approach will be left to the senior coroner in that jurisdiction.

As we have already seen, some inquests will be adjourned, most notably those with multiple witnesses and/or a jury.

The guidance stresses the need, when dealing with medical professionals, for coroners to recognise their primary clinical commitments, particularly in these high-pressured times. This could mean avoiding or deferring requests for lengthy reports/ statements and accommodating clinical commitments if clinicians are called as witnesses.

The guidance encourages proactive reviews of outstanding responses to Prevention of Future Death reports and extending timescales for Trusts to respond.

What is a separation agreement?

A separation agreement is a legal agreement entered into by two individuals who have decided to end their romantic relationship and go their separate ways. Parties entering into separation agreements can be married, civil partners or cohabiting couples. The separation agreement sets out the agreed financial arrangements for the period of separation; it does not end the marriage or civil partnership. To end a marriage or civil partnership, a divorce or dissolution is required. It is important to acknowledge that the court’s jurisdiction in financial remedy proceedings on divorce can override the terms of a separation agreement.

Some couples may wish to enter into a separation agreement if they do not wish to divorce for religious, cultural or personal reasons. Alternatively, a separation agreement can be the first step toward divorce proceedings, or it can be used as a test to see if separation is the best thing for the couple.

Separation agreements are usually only appropriate where parties have already separated, or are going to separate in the near future, but do not want to start divorce proceedings straight away. If you would like some advice on whether a separation agreement would be the right thing for you and your partner, our specialist team of family solicitors would be glad to provide some legal advice.

How can I tell if the correct procedure was followed when the Will was executed?

There are a number of technical formalities which any testator must follow in order to execute a valid Will.  These include:

  • The Will must be signed by the testator, in the presence of two other witnesses and then be signed by those witnesses, in the presence of the person making the Will after the testator themselves has signed the document.
  • The person making the Will must be over 18 years of age and have mental capacity.
  • The person must make the Will voluntarily without undue influence and must know and understand what the Will says; and
  • The Will must be in writing
Will holiday entitlement continue to accrue for a period of furlough?

The guidance has confirmed that all remaining employment rights and terms continue while an employee is furloughed. Holiday will continue to accrue during furlough however you may reach agreement with employees on reducing entitlement provided that it does not fall below the statutory minimum of 5.6 weeks per year.