Year of hell

Last year I started to divorce my husband of 21 years. The nisi was granted then my husband died before the absolute. I now have to prove my contribution to the marriage in order to receive a financial settlement as he wrote a new will excluding have 3 children 1 still a minor.

What a nightmare - my heart goes out to you and your children.
Having to "prove your worth" at such a time must cause real anguish.
Please tell us how we can help.
If you haven't been granted Decree Absolute you were still married - as his widow I would have thought you have the strongest of cases to get the Will varied.
Are you in contact with any pension schemes he was in?
Widow's pensions/death in service benefits might help tide you over?
Are you using the 1975 Inheritance Act?
From This is money website:

"Contesting a will
There are six types of people who can contest a will – the spouse, a former spouse who hasn't remarried, children, step-children, a partner who lived with the deceased for more than two years, or any other dependants.

If you are unhappy with the terms of a will, in the first instance it is advisable to seek a caveat to stop the assets of the estate from being distributed. This caveat lasts for six months, but is renewable, and can lead to disputes being resolved before they reach the court stage.

If an agreement cannot be reached during the caveat stage there are two main grounds on which to contest a will - its validity, or financial dependency on the deceased. The majority of cases tend to focus on the former and can include doubts about the mental capacity of the person making the will, concerns over undue influence placed on them at the time of making the will, or a lack of knowledge or approval from the will maker.


A court will assumed the will is valid, so the onus is on the challenger to provide evidence that suggests otherwise. If the court decides there is doubt, the burden is then on those who want the will to proceed in its existing form to prove it was completed correctly.

The 1975 Inheritance Act provides another route for redress. Where a relative was financially dependent on the deceased at the time of death, that person has a right to claim on the estate if they are left out. However, if their challenge is successful it does not necessarily mean they will receive a lump-sum payment; it is more likely the court will grant maintenance payments."

Thank you for your swift reply. My late husband had a son from his 1st marriage (an adult when I married his father)who is the sole executor. My husband had a private pension, the company require the executors signature to release the pension to me and my children. The executor has ignored their requests since last Nov.

The pension scheme have told you directly that the executor must sign a document to release the funds to you his widow?
Do you know if that's normal practice under scheme rules?
Have they said there's an "expression of wish form" naming someone other than you?

The company said they acknowledge me as spouse but required a copy of the probate and a signature from the executor. They have requested this 4 times with no result.

Hi there

Firstly, dont panic. Under the Inheritance Act, there is a "deemed divorce" test, which is what the court will use to work out your entitlement, so you are likely to end up in the same position as you would have should he not have died.

Please please make sure you have a decent lawyer for this one, please dont try to do it alone.

Amanda

PS

You can also have him removed and have a solicitor administer the estate if he isnt dealing with it.

Amanda