Google Adwords 0808 278 1398 Bing Ads 0808 274 4482

Is my late daughter’s husband still entitled to a share of her estate under the intestacy rules, even though he left her years ago?

The intestacy rules are legally binding rules saying how everything that your daughter owned — her ‘estate’ — is shared out if she died without making a will. They will entitle her husband to a significant part of your daughter’s estate.

His entitlement would have lapsed if he had remarried or entered into a civil partnership, but you say he is still her husband.

If your daughter left children they may be able to go to court and claim that the intestacy rules do not provide them with ‘reasonable financial provision’ and ask for some of his share. They only have six months to bring their court claim. If he fights the claim, the costs will eat into your daughter’s estate, leaving less for everybody.

If the children are his, he may be prepared to give up all or part of his share in their favour. You should take legal advice to see whether you can negotiate an agreement rather than going to court.

Related FAQs

Expert legal advice you can rely on,
get in touch today

Please let us know you are not a robot

Your local legal experts

Why QualitySolicitors?

With QualitySolicitors your first initial assessment is free, so you can call us without worrying about being charged for a call you might not have actually needed to make. And because we place our clients are at the heart of everything we do, we make these five customer service promises to make sure you'll feel properly looked after.

This is why, in the first instance, most people looking for legal help in relation to a 'Home And Property' call QualitySolicitors for a Free Initial Assessment over the phone before requesting our Ask the Legal Expert service; which is an introductory 45-minute face-to-face consultation for £99.