Hi there

[M22]

I’m looking for some advice with regards to Will and a minute agreement please

my father passed 2021 leaving Will which was drawn up in 1996.

My parents separated in 2003 and minute of agreement (separation agreement) was drawn up in 2006. My mother received a financial settlement with the agreement of no further claim on my dads estate. My mother has dealt with my fathers estate and let no one help and is the only beneficiary from the estate.

can this be correct as no new Will was written after 1996 as the case has been through probate and my mum has signed and dated the Will. Why would the minute of agreement not stand?

[des8]

Deleted

[atticus]

A google search confirms my suspicion that your father should have made a new will: https://www.thegazette.co.uk/wills-a...20been%20apart.

Separation can take many forms, whether it's one spouse walking out on the other, or a mutual decision. The difficulties of going through this life change, and all of the upheaval that it entails, may mean that updating a will is low on your priority list. But it's important to be aware that no matter how bad your relationship, from a legal stance, you are still legally married, so nothing has changed where your will is concerned.
Because a separation has no effect on a will, your spouse could still inherit under your will, no matter how long you have been apart. So a fresh will that reflects your new situation should be considered.