Divorce & Death Probate Question

My Fathers Death happened before his Divorce became Absolute

My father was going through a divorce, it got to the decree nisi stage. Then sadly on Xmas day he passed away. My fathers soon to be ex wife, has wanted nothing to do with the funeral or any costs. Her only interest being the house, which she had moved out of, in which the death of my father occurred.  Which she is now moving back into. My father wrote a will himself, which he kept in the house. I feel sure she will destroy this if she should find it.

So if there is no will, what can I do?               

Probate Answer on Divorce & Death

Find the Will ! Unless it was written by a professional, there is likely to be no evidence of its existence or contents unless it can be found. Even such evidence is not always enough. Many home made Wills are not properly made or witnesses, as a recent Law Commission Survey demonstrated.

Until the Decree Absolute is granted, the couple are still married with all the financial benefits that brings under the Rules of Intestacy. I have attached a copy.

Chances are the basic precautions which should have been taken in any divorce have not been taken.

1) Make a proper Will immediately to remove, as far as possible, the soon to be ex spouse.

2) Check that the home ownership is not such that the soon to be ex will inherit the home automatically, which is usually the case. You can check how it is owned your self at www.landregistry.gov.uk or we can do it for £30.

If he used a solicitor, this would, in my opinion, be pretty negligent unless the advice were given and he ignored it.
In most cases such as this, it is unlikely there will be anything left for the family. But your fathers estate is liable to pay the funeral bill.