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Reform intestacy rules when a spouse dies following a conditional divorce order

Submitted by Emily Charlotte Scott on Tuesday 5th September 2023

Published on Tuesday 12th September 2023

Current status: Closed

Closed: Tuesday 12th March 2024

Signatures: 183

Petition Action

Reform intestacy rules when a spouse dies following a conditional divorce order

Petition Details

We want the Government to remove the automatic rights of a person to inherit when their spouse dies after a conditional divorce order has been granted, and the right of the spouse to become the administrator for the deceased, and so determine funeral and burial arrangements.

Additional Information

At present a spouse inherits most or all of the deceased's estate automatically if there is no will, even if a divorce is nearing completion. They are also entitled to become the administrator of the estate, and so have total control over funeral and burial arrangements. We believe this is not fair.

Spouses should not automatically inherit under intestacy rules when a conditional divorce order has been granted. In these circumstances the spouse should only have the same rights as a divorcee. They should also not be entitled to become the administrator of the estate, and so have the power to decide on funeral and burial arrangements.


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