Probate Law and Estranged Husband 9+ years

[thepalace1]

Hi everyone, hope this is the right place to post such a topic.

 

My mother in-law passed away 13 May 2010, she has 5 children living 1 of whom is my partner.

 

She is still married but have been seperated for 9 years, no contact at all in those years.

 

No will was made.

 

Now I know intestacy rules state he is entitled, but I have a few questions.

 

We know he would not be interested in anything or interested in sorting out financial matters.

 

Is there a form or letter we could draft for him to sign, disolving him of any claim, so as that my partner and her 4 siblings can a head and make the application for letters of administration

[Mozz1]

Hello. What is required is a Deed of Variation of an Estate on Intestacy.

 

Such a deed would incorporate a notional Will (as if written by your mother-in-law) to settle the claim by her late husband.

 

The children and the widower will be party to the Deed.

 

You should not attempt to draw this up yourselves; it is too risky. See a solicitor. Provided all parties are in agreement (as you suggest) then a fixed fee for dealing with this work would be agreed.

 

However, your father-in-law must be advised to take separate advice, even if he does not do so.

 

Hope this helps.

[Mozz1]

And in answer to the second part of your question, the widower has the right to be an Administartor but so do the children because, in all probaliility, the stautory trusts arise on this intestacy (assuming the estate is worth more than £250,000). Otherwise it would be the spouse only.

 

The spouse can of course decline to take out the Grant. It is indeed possible for one or more of the children to apply for the Grant. The husband needs to be 'cleared off' in the Administrator's Oath. This means that the drafting needs to state information about him and the fact that the deceased was married at death etc.

 

As regards the Oath and the drafting of it, you can either make an appointment direct to the Probate Registry, who will prepare the paperwork for you, or you should get a solicitor to do it. The length of time the probate registries are taking to make appointments is dreadful and will only get worse with the cutbacks. A solicitor will prep this on a fixed fee basis and you will have the Grant back, in all likelihood, before you get the appointment with the Registry.

 

So that's the way I would go on this one.