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Making a will during a divorce

including wills and probate
staffordian
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Making a will during a divorce

#250006

Postby staffordian » September 6th, 2019, 8:32 pm

If someone who has just started divorce proceedings were to die intestate, I assume the estranged wife would inherit everything*, even if they both planned to make no claim on the other as far as finances are concerned.

If, instead, they made a will, leaving everything to someone else, eg their sibling or parents, is this legally ok, or is there something giving a spouse, even an estranged one, inheritance rights in the event of the death of a spouse?

*It would be a relatively small estate, probably c£100,000

TIA,

Staffordian

Clitheroekid
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Re: Making a will during a divorce

#250188

Postby Clitheroekid » September 7th, 2019, 7:10 pm

If, instead, they made a will, leaving everything to someone else, eg their sibling or parents, is this legally ok, or is there something giving a spouse, even an estranged one, inheritance rights in the event of the death of a spouse?

In English law there is no automatic right for a spouse, estranged or not, to inherit from their spouse.

However, such a spouse can, if disinherited by a Will, make a claim against the estate under the Inheritance (Provision for Family and Dependants) Act 1975. The likelihood is that, all other things being equal, the court would award them something similar to what they might have expected to receive in divorce proceedings.

In this particular case, if they have reached a definite agreement not to make a claim against each other in the divorce proceedings then the husband should seek a written agreement with his wife to that effect. He should then make specific reference to that agreement in his Will, as it would be bound to influence the court if she were to make a claim, possibly to the extent of dismissing her claim completely.


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