Squiggle Consult

16/10/2026

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This content is not legal or financial advice. Estate planning is complex.

15/10/2026

Legally, she’s still his wife.

Separation on its own doesn’t change anything when it comes to inheritance. Unless they were divorced, or had a formal judicial separation through the courts, the law treats your mum exactly the same as any other husband or wife.

If your dad didn’t leave a Will, the intestacy rules apply. As his spouse, your mum would usually inherit his personal belongings, a large fixed sum and half of anything left over. You and any siblings would share the rest. If his estate is modest, she could inherit everything.

If he did leave a Will, that decides who inherits. If he left everything to you, your mum may still be able to bring a claim against the estate as his spouse. The court would look at how long they’d been apart, their finances and what’s fair.

And if your dad had a new partner, they could be left with nothing at all unless he made a Will.

Separation is often seen as the end of a marriage. In law, it isn’t. If you’ve separated and haven’t divorced, updating your Will is one of the most important things you can do.

13/10/2026

13/10/2026

You may well be able to.

An executor isn’t free to do whatever they like with the estate. They have a legal duty to act in the best interests of everyone who inherits, and that includes getting the best price reasonably possible for the house.

Selling to a friend for less than it’s worth could be a clear breach of that duty.

If the sale hasn’t gone through yet, act quickly. Put your concerns in writing to the executor and ask for independent valuations. If they refuse to listen, you can ask the court to step in and stop the sale.

If the sale hasn’t gone through yet, act quickly. Put your concerns in writing to the executor and ask for independent valuations. If they refuse to listen, you can ask the court to step in and stop the sale.

If the sale has already completed, you’re not out of options. The executor can be held personally responsible for the money the estate has lost, meaning they may have to pay the difference back themselves. In serious cases, the court can remove them as executor altogether.

Keep records of everything. Valuations, emails, messages and any estate agent details can all help.

Choosing the right executor matters more than most people realise. They will be trusted with everything you’ve worked for, so pick someone honest, organised and fair, or a professional who will act independently.

08/10/2026

There’s one more twist. If your mum remarried after making that Will, the marriage itself is likely to have cancelled it completely, unless the Will was made with that marriage in mind. Her estate would then pass under the intestacy rules, where her new husband would usually be first in line.

A Will isn’t something you write once and forget. Marriage, divorce, separation, new children and new homes can all change what happens to your estate, sometimes in ways nobody intended.

If your Will hasn’t been looked at in years, or you’re not sure it still says what you want, comment LINK below and book a 20 minute chat with one of our estate planners.

This content is not legal or financial advice. Estate planning is complex.

estateplanning

07/10/2026

If you would like to speak to one of our legal professionals for some guidance on your estate planning, then you can book a free consultation via the link in this video.

Estate planning | estate plan | wills and estates