What are the rights of a separated spouse?
Generally, a separated spouse is entitled to whatever is bequeathed in a valid Will, provided there is no separation agreement in which the separated spouse gives up the right to inherit. If there is no Will, and the spouses have been separated for more than one year with the intention of living separately and apart, and without intention to get back together, the survivor has no automatic right to inherit. He or she may bring a claim against the estate within 6 months of authority being granted to the Administrator. The advice of a lawyer is recommended in such situations.
