When a couple are legally separated but not divorced and the only child for both of them is one they had together, if one parent dies intestate, who is considered next of kin for inheritance purposes - the estranged spouse or the child of the deceased? If the State the deceased and/or beneficiary lived in makes a difference, relevant States are Tasmania and WA.
Separated but Not Divorced - What Happens in Intestacy?
- Thread starter Janmel
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- beneficiary divorce will
I assume you are talking about dying intestate (without a will)
If you are still married you wife or husband is covered by the laws of intestacy. The fact that you are exasperated would only matter if a Family provision claim were made.
Where you reside is what matters.
see
http://www.hobartlegal.org.au/tasma...tes-and-funerals/intestacy-dying-without-will
http://www.legalaid.wa.gov.au/Infor...attersafterdeath/Pages/Dyingwithoutawill.aspx
If you are still married you wife or husband is covered by the laws of intestacy. The fact that you are exasperated would only matter if a Family provision claim were made.
Where you reside is what matters.
see
http://www.hobartlegal.org.au/tasma...tes-and-funerals/intestacy-dying-without-will
http://www.legalaid.wa.gov.au/Infor...attersafterdeath/Pages/Dyingwithoutawill.aspx
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