EllenMay

My mother died having obtained a Judicial Separation. In UK law, the estate passes NOT to the estranged/separated husband (who has long since had a new family and has had nothing further to do with my mother since Separation), but to the next in line, ie offspring. However I am having difficulty in finding evidence of this. For no apparent reason, the records are kept at County Courts across the UK, not centrally, and may not even be local to where they lived together. Has anyone been through this process or can advise me as I have to pay for each enquiry. I find it outrageous that unlike Divorce you have to hunt around for the specific court at which the Separation was granted, years after Separation for reasons of probate on such a critical issue. Any help would be gratefully received - thank you. This is causing considerable stress to myself and siblings.

For anyone considering getting a Judicial Separation, bear this in mind - make sure you document this with your Will, as solicitors in my experience are largely ignorant of this law. I have had to argue with solicitors and prove the relevant part of the relevant law to them in writing before they believed me. Your estate could easily pass to the wrong person.