Legal question about domestic violence and death

[burritoNinja]

Been searching Google and not found exactly what I am looking for.

A close relative died a few months ago and had been living away via a separation from her abusive husband. Social services were involved and there are police records of his assault on pregnant female relative etc. Very nasty character. He was not informed of the death and has today emailed the step daughter claiming he has been to a solicitor and wants a divorce. Is it even possible to divorce a dead person? He is making claims that she legally has to show him a copy of death certificate or he can take things further through high courts etc. All seems a bit pie in sky but I’m not a legal person.
There were no joint accounts, no mortgages or life insurance. There had been a restraining order in place I believe as he had stalked her. I’m going to go to a solicitor and show them a copy of the email. Really not sure what to make of all this.

Any advice would be great.

[anonymous-user]

Marriage ends on death so no divorce needed. Sadly, if the woman died intestate, the husband inherits her estate.

Subject to that, there is no obligation to show the man anything. If he is foolish enough to petition for divorce against a dead person, he will simply waste the court fee.

Edited by anonymous-user on Wednesday 29th November 16:02

[Pothole]

burritoNinja said:

Been searching Google and not found exactly what I am looking for.

A close relative died a few months ago and had been living away via a separation from her abusive husband. Social services were involved and there are police records of his assault on pregnant female relative etc. Very nasty character. He was not informed of the death and has today emailed the step daughter claiming he has been to a solicitor and wants a divorce. Is it even possible to divorce a dead person? He is making claims that she legally has to show him a copy of death certificate or he can take things further through high courts etc. All seems a bit pie in sky but I’m not a legal person.
There were no joint accounts, no mortgages or life insurance. There had been a restraining order in place I believe as he had stalked her. I’m going to go to a solicitor and show them a copy of the email. Really not sure what to make of all this.

Any advice would be great.

Advise her to tell him, in no uncertain terms, to do one.

[PurpleMoonlight]

Why do people try to be awkward?

Just give him a copy and you may never hear from him ever again. It's not as if it's a secret document.

[anonymous-user]

Fair point.

[pavarotti1980]

PurpleMoonlight said:

Why do people try to be awkward?

Just give him a copy and you may never hear from him ever again. It's not as if it's a secret document.

He stalked and physically abused a female who is now unforntunately dead. Other people who were likely within that violent relationship are a bit shocked by his demands and you see that as being awkward?

I think you need to give your head a shake.

You say they may never hear from him again. He had a restraining order against him for stalking. he doesnt sound like the rational person to just slip under the radar does he?

[PurpleMoonlight]

pavarotti1980 said:

He stalked and physically abused a female who is now unforntunately dead. Other people who were likely within that violent relationship are a bit shocked by his demands and you see that as being awkward?

I think you need to give your head a shake.

You say they may never hear from him again. He had a restraining order against him for stalking. he doesnt sound like the rational person to just slip under the radar does he?

Don't pick a fight with pigs.

[superlightr]

as others have said "until death do us part"

send a copy of the death certificate.

he may be legally entitled to his deceased wifes estate.

Edited by superlightr on Wednesday 29th November 16:54

[pavarotti1980]

PurpleMoonlight said:

Don't pick a fight with pigs.

thus letting him continue with piggish behaviour?

[anonymous-user]

Send the cert. Decline any further contact unless he is the heir to the state and there are assets.

[Benni]

Maybe he wants to get rid of the restraining order, does this show on his criminal / official record ?

If the person he stalked died, he can´t do any more harm so the order could be dropped ?

Not a legal person myself, just thinking.

[anonymous-user]

There is no such thing as an "official record". There is no central file about each of us. The order lapsed on death, unless it was based on a proximity to a location. It's down to the bloke to apply for it to be discharged in that event. It might still have validity of it is to protect the step daughter too.

[burritoNinja]

There is no estate or monies involved at all. Death certificates are public record anyway from what I understand so he can go find it himself. Since he put her through over a decade of terrible domestic violence he deserves nothing.

[anonymous-user]

Which is best - send the cert, or receive further harassment about it?

[Beggarall]

Breadvan72 said:

There is no such thing as an "official record". There is no central file about each of us. .

Are you so sure about this?

[TooMany2cvs]

burritoNinja said:

There is no estate or monies involved at all. Death certificates are public record anyway from what I understand so he can go find it himself. Since he put her through over a decade of terrible domestic violence he deserves nothing.

So, basically, you're going to ignore the quickest and easiest option to make him go away, simply out of some sense of "revenge"?

Like you said - it's not as if the death certificate is some kind of state secret. Post him a photocopy, and ignore any further communication from him. Job jobbed.

[anonymous-user]

Beggarall said:

Breadvan72 said:

There is no such thing as an "official record". There is no central file about each of us. .

Are you so sure about this?