Guide to Claims for Reasonable Financial Provision Under the Inheritance Act
Losing someone you care about is hard enough, but it can be a double blow to discover that their Will (or the intestacy rules if they didn’t make a Will) leaves you with no share of their estate or inadequate financial support.
If your grief is compounded by worries about how you will cope financially, or you think the Will or intestacy rules aren’t fair and don’t make reasonable financial provision for you, then you may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975.
The 1975 Act allows the court to adjust the provisions in the Will or the intestacy rules so you receive reasonable financial provision.
In this guide, Evolve Family Law helps you understand whether you or others could bring an estate claim, what reasonable financial provision under the Inheritance Act 1975 means, and how Evolve Family Law can support you with empathetic, expert legal advice.
Consult Evolve Family Law Today
This guide covers:
Who can Make a Claim Under the Inheritance Act 1975?
1975 Act Claims as a Child Applicant
1975 Act Claims as a Financial Dependent
What Counts as Reasonable Financial Provision Under the Inheritance Act?
Reasonable Financial Provision for Spouses and Civil Partners and Other Claimants
Examples of Inheritance (Provision for Family and Dependants) Act Claims
Time Limits for Inheritance (Provision for Family and Dependants) Act Claims
Evidence Needed for an Inheritance (Provision for Family and Dependants) Act Claim
Making an Inheritance (Provision for Family and Dependants) Act Claim
Evolve Family Law and Inheritance Act Claims
Frequently Asked Questions on Inheritance Act Claims
Who can the Inheritance (Provision for Family and Dependants) Act 1975 Help?
The Inheritance (Provision for Family and Dependants) Act 1975 can help you if:
You fall within the class of people who have a right to bring an inheritance claim, and
You were left out of the Will, or the Will didn’t make reasonable financial provision for you, or
The deceased didn’t leave a Will, and you either aren’t entitled to anything under the intestacy rules or the intestacy rules don’t make reasonable financial provision for you
It's daunting to think of court claims when you have lost someone. Our inheritance dispute solicitors will support and guide you through the process of putting things right, so you get reasonable financial provision.
Who can Make a Claim Under the Inheritance Act 1975?
The Inheritance Act 1975 sets out the categories of people who may be eligible to claim reasonable financial provision out of an estate.
You can claim reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 if you were the deceased's:
Spouse - husband, wife or civil partner
Former spouse or civil partner – provided that you haven’t remarried or entered into a civil partnership
Cohabitant or unmarried partner, and you lived with the deceased for at least two years immediately before their death as if you were married or in a civil partnership
A child – children are widely defined in the Act
Financial dependant who doesn’t fall within any of the other categories, but immediately before the death of the deceased was being maintained, either wholly or partly, by the deceased
You may find it difficult to work out if you can make a claim against an estate if you are unsure of your rights as a former spouse with a financial court order, or you were an unmarried partner or an adult child. Our estate claim lawyers will cut through the legalese of the 1975 Act and explain if you fall within the definition of a potential claimant and outline the next steps.
It isn't unusual for there to be several potential claimants, such as an unmarried partner, former spouse and the deceased’s adult or young children. A specialist Inheritance Act lawyer can assess any competing claims and outline the court process if you have been left out of a Will or if there is no Will.
1975 Act Claims as a Child Applicant
Under the 1975 Act, a child includes:
Biological children (from married and unmarried parental relationships)
Adopted children
Children treated as a child of the family (such as stepchildren or children raised by the deceased and treated as a member of the family)
If you fall within the definition of a child, you don’t need to be under 18 to bring a claim. An inheritance disputes lawyer can explain how your adult child claim will be assessed if other family members say that they need financial provision, such as a second wife or someone says they were financially dependent on the deceased.
1975 Act Claims as a Financial Dependent
The 1975 Act states that you can only bring a financial dependent claim if you were:
Being maintained by the deceased (either wholly or partly) and
The deceased was making a substantial contribution in money or money's worth towards your reasonable needs and
The deceased’s contribution towards your finances wasn’t a commercial agreement, such as an employment contract between employer and housekeeper
What Counts as Reasonable Financial Provision Under the Inheritance Act?
You need to know what reasonable financial provision you may get before you make an inheritance claim. There's no blanket answer, as in every 1975 Act claim the court considers:
Your financial needs and resources - now and in the future
The size and nature of the deceased’s net estate after taxes have been paid
The obligations and responsibilities the deceased had toward you or any other claimant or beneficiary
Any physical or mental health needs of all claimants and beneficiaries
The financial resources and needs of any other 1975 Act claimants or Will or intestacy rule beneficiaries– now and in the future
Any other matter, such as the conduct of a claimant or any other person
Reasonable Financial Provision for Spouses and Civil Partners and Other Claimants
The amount you'll receive as reasonable financial provision depends on your status, as the 1975 Act distinguishes between:
Husbands, wives and civil partners, and
All other claimants.
Spouses and civil partners
If you are a spouse or civil partner (and there was no judicial separation order), the court can order such financial provision as it would be reasonable in all the circumstances of the case for a husband or wife to receive, whether or not that provision is required for his or her maintenance.
Non-spouse claims
If you aren’t a spouse or civil partner, the 1975 Act claim limits your reasonable financial provision claim to such financial provision as it would be reasonable in all the circumstances of the case for you to receive for maintenance.
Examples of Inheritance (Provision for Family and Dependants) Act Claims
You may think you are on your own in having to make a 1975 Act claim against an estate, but here are some of the typical scenarios where inheritance dispute solicitors can help you:
You were the deceased’s unmarried partner, and they either didn’t get round to making a Will or their Will was old and doesn’t mention you, or you were left out of a Will
You are one of the deceased’s children and because your parent remarried, the majority of the estate goes to their new spouse under the intestacy rules
You’d separated from the deceased, and they’d changed their Will, but you hadn’t signed a financial settlement to get a fair share of the family assets before their death
You were the deceased’s former spouse and were reliant on them for spousal maintenance
The deceased made a Will unexpectedly favouring someone they hadn’t known long
You think the Will is unfair as it doesn’t treat all the deceased’s children equally
You were financially dependent on the deceased, but the Will or the intestacy rules don’t reflect this
There's no need to be embarrassed about disinheritance or making an estate claim. Many people can find themselves in your situation; unsure where to turn and worried about what the extended family will think if they bring a claim. A discussion with an inheritance disputes solicitor doesn’t commit you to bringing a claim, but it will help you understand if you have the right to bring a claim and give you information about the claim process.
Time Limits for Inheritance (Provision for Family and Dependants) Act Claims
The law says you have six months from the date of the grant of probate to make a claim. Missing the deadline can either make your claim significantly harder or even prevent you from making a claim.
At Evolve, we emphasise the need for early Inheritance Act advice because:
You need time to decide whether to make a claim
Evidence is easier to gather if you don’t leave your claim to the deadline
You may be able to negotiate a settlement within the six-month deadline so you don't need to start court proceedings
If you are close to the deadline, urgent action is essential.
Evidence Needed for an Inheritance (Provision for Family and Dependants) Act Claim
A successful claim under the 1975 Inheritance Act requires clear evidence on:
Your relationship to the deceased
The deceased’s obligations toward you
Your financial needs
You may be able to easily prove your relationship to the deceased by producing a marriage certificate or birth certificate.
You’ll need more extensive evidence of your relationship to the deceased if you are claiming as an unmarried partner of two plus years or because you were financially dependent. In these situations, Evolve Family Law will work out the best evidence to prove your claim status, such as historical council tax or utility bills that prove you were living with the deceased for over two years or were financially dependent on them.
Our lawyers will spend time assessing how best to evidence your financial needs and putting those needs into context with the size of the deceased’s estate, your relationship and financial needs and any other competing claims under the Will, intestacy rules or the 1975 Act. It's important to consider any competing claims and the extent of the other beneficiaries' needs, as the court will need to assess them when deciding whether to make an order.
Making an Inheritance (Provision for Family and Dependants) Act Claim
As your Inheritance Act lawyers, it's our job to look out for your financial interests and make sure that you receive the reasonable financial provision you need from the estate. That’s achieved by:
Our initial assessment of your potential claim
Evidence and information gathering
Pre-claim negotiation to see if reasonable financial provision can be negotiated
Mediation and alternative dispute resolution
Issuing the claim
Court hearings and specialist representation
Implementation of the court order
The timing of issuing the claim is important, as the claim stops the estate from being distributed under the terms of the Will or in accordance with the intestacy rules.
Whilst there is a standard claims process, every 1975 Act claim is different because:
There may be no time to negotiate or mediate before starting court proceedings because a delay risks you being time-barred from bringing a claim
The deceased had a complicated family dynamic with several family members having competing claims, such as a step-parent or half-siblings, and the complexities of the blended family make it hard to mediate
The Will left the entire estate to a national charity, which is challenging the claim
Evolve Family Law and Inheritance Act Claims
Evolve Family Law is a first choice for estate claims because:
Our specialist lawyers will assess if you have a claim and give you realistic advice on your prospects for success once we know the size of the estate, your financial needs and any competing claims
We believe in transparency from the outset; that involves clear pricing, clear expectations, and a clear plan so you know what to expect
We take a team approach, working with you on evidence gathering to prove your relationship with the deceased and the extent of your needs
We are committed to alternative dispute resolution – keeping your Inheritance Act claim out of court and reaching a settlement to achieve reasonable financial provision for you without the expense and emotional costs of court proceedings
Our estate lawyers work with our expert family law solicitors. We have specialist knowledge on tap about the impact of separations, divorce proceedings and financial court orders
We are tough negotiators, but we never forget that in many cases the executors or beneficiaries under the Will or intestacy rules may be members of your family, so toughness needs to be tempered by sensitivity to your family situation
We will make sure you feel supported and informed at each stage of the 1975 Act claims process
Consult Evolve Family Law Today
Frequently Asked Questions on Inheritance Act Claims
How can I prove my estate claim?
How you prove your estate claim depends on several factors, such as the nature of your relationship with the deceased, the extent of your financial needs and your requirement for reasonable financial provision from the estate.
Our Inheritance Act solicitors will gather information and advise on the best way to prove your claim. Their individual approach ensures that your claim is thoroughly assessed and prepared with attention to detail.
Is my Inheritance Act claim bound to fail because the deceased had children?
No, many successful Inheritance claims are made where the deceased had children, and the children are due to inherit all or a share of the estate under a Will or, if there is no Will, under the intestacy rules.
An Inheritance Act solicitor can assess your potential claim and advise on the prospects for success once they know about your needs and requirements for reasonable financial provision, the size of the estate and the competing claims.
I was disinherited. Can I make a 1975 Act claim?
Yes, you can, provided you fall within one of the categories of people entitled to bring a claim. An estate lawyer can look at all your options, including challenging the Will and making an Inheritance Act claim.
Will I have to go to estate claim mediation?
The court encourages all claimants and respondents to negotiate and use alternative dispute resolution (ADR) to settle claims. Mediation is one type of ADR. Estate lawyers recognise that mediating a 1975 Act claim can be tough, especially if you want to maintain relationships with family members with competing claims, if family tensions are running high or if you are estranged from family members.
At Evolve Family Law, we will talk you through all your ADR options and work out the best way to negotiate reasonable financial provision from the estate for you.
Will I have to go to court to change the terms of my relative's Will?
If you think your relative didn’t make reasonable financial provision for you in their Will, then you may have a potential claim under the Inheritance (Provision for Family and Dependants) Act. If the beneficiaries named in the Will agree that you should receive a share of the estate through solicitor negotiations or mediation, then a deed of variation can be prepared without the need for you to go to court to get an order.
Can I challenge the Will and make an Inheritance Act claim?
Yes, as you may have two valid claims. You can challenge the Will that cut you out from receiving a share of the estate if you have evidence that the deceased lacked capacity to sign a Will or was coerced into signing the Will. You may have a separate claim under the Inheritance Act because, if the court finds that the Will was valid, the Will didn’t make reasonable financial provision for you.
An estate lawyer can advise on whether it's best to challenge the Will and make an Inheritance Act claim and how to focus on reaching a fair settlement.
How long does it take to make a court claim against an estate?
How long it takes to bring an estate claim depends on whether your inheritance disputes lawyer can negotiate reasonable financial provision for you, or whether you have to wait for a judge to rule on the merits of your claim and make an order for reasonable financial provision under the 1975 Act.
At Evolve Family Law, we focus on early evidence gathering to strengthen your negotiating position. We do our utmost to settle estate claims to avoid delay and the family fall-out that can result from court proceedings. At every step of your claim, we’ll keep you informed so you can decide whether settling or pursuing your court claim is in your best interests.
Consult Evolve Family Law Today
Robin Charrot
Sep 05, 2026
How to Prevent Someone Contesting a Will
Will and inheritance dispute solicitors at Evolve Family Law have substantial experience in writing wills, estate planning, inheritance claims and advising on probate. Their expertise enables the team to provide the specialist advice that Will-makers need on how to prevent someone from contesting a Will.
For expert Will writing advice, call our team of specialist Will lawyers or complete our online enquiry form.
Can a Will be contested?
Many of us hope we have protected our loved ones after our death by making a Will. However, making a Will does not stop someone from trying to contest its provisions after your death.
Even if a Will-maker signs a Will setting out where they want their property and money (referred to as their estate) to go, their express instructions in their Will can be challenged by either:
Alleging the Will isn’t valid.
Claiming the Will doesn’t make reasonable financial provision for a person who has a right to make a claim against the estate under the Inheritance (Provision for Family and Dependants) Act 1975. The 1975 Act applies to estates in England and Wales.
Stopping your Will from being contested on grounds of validity
If you get your Will prepared by a specialist Will solicitor, it is less likely to face a successful validity challenge because a private client lawyer is highly experienced in Will writing and execution.
A Will challenger can claim that a Will is invalid for a variety of reasons:
The Will was not witnessed properly in accordance with the law on witnessing requirements.
The Will-maker was coerced or unduly influenced into making the Will.
The Will-maker lacked testamentary capacity to make the Will. For example, because of their age, dementia or other health condition affected their ability to make decisions or because they were receiving hospital or hospice care and on strong medication when they signed their Will.
It is part of the job of a Will solicitor to try to ensure that a Will is valid. They will therefore try to minimise the risk of a Will being contested on the grounds of validity by taking precautions. These include:
Giving clear advice on how the Will needs to be signed and witnessed.
Ensuring that the Will-maker’s instructions are taken, rather than relying purely on a family member or friend to pass on the Will-maker’s instructions as to what should be included in the Will.
If the Will-maker wants to make a completely different Will to their previous Will or an unusual Will (for example, leaving their entire estate to someone they have just met when the Will-maker has a close and supportive family) the Will lawyer can explain the potential for the Will to be challenged and can advise the Will-maker to write a letter to accompany the Will to explain the decision behind the new Will. Alternatively, an explanation can be included in a Will. For example, that provision in the Will has not been made for a spouse because of a separation. It is essential in those circumstances that family law advice is also taken, as a spouse can still make a claim against the estate unless a clean break financial court order is obtained.
Checking to see if there are any health or other issues that might enable someone to question whether the Will-maker lacked testamentary capacity when they signed their Will. If there are any question marks, it is sensible to be cautious and obtain a medical certificate to say that the Will-maker had the capacity to sign their Will. Although someone can challenge testamentary capacity even where there is a certificate, the claim is far less likely to be successful if the point was addressed when the Will was made.
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Reducing the risk that your Will can be challenged because it doesn’t leave reasonable financial provision
The best way that you can reduce the risk of your Will being challenged because it doesn’t leave reasonable financial provision to a potential claimant is to be honest with your Will solicitor.
Sometimes people are embarrassed to be upfront about their personal or financial circumstances. For example:
Not saying that they have a child from a previous relationship because of the child’s age and other family circumstances, or
Not mentioning a new partner as they don’t want family members to know about their partner, or
Not revealing that they have not obtained a divorce from a separated spouse, or
Not explaining the vulnerability of family members or their financial dependence.
Whatever you tell your Will solicitor is confidential. The lawyer cannot give detailed advice without all the necessary information about your family and potential claimants. In addition, your Will is private. During your life, the contents of your Will do not have to be disclosed to your family. However, explaining your Will to your family may help them understand why it is fair.
After a Will-maker has passed away and probate is granted, the Will is accessible as it becomes a public record. A Will solicitor can explain the options (such as the creation of a trust and writing a letter of wishes if the testator wants to keep things private after their death).
A lawyer specialising in Wills can advise on the potential reasonable financial provision claims that could be made against the estate. For example, your estate may be left to your second spouse, but your child from your first marriage may have a potential claim. Alternatively, if you leave all your estate to your children, a claim against the estate could be made by your former husband or wife because they were receiving spousal maintenance at the date of your death.
Tips on how to reduce the risk of a Will dependency claim under the 1975 Act
There are lots of things that a Will solicitor can advise on to reduce the risk of financial provision claims, including:
Creation of a trust during your lifetime.
Lifetime gifting.
Creating a discretionary trust in your Will.
Preparing a careful letter of wishes to accompany your Will so your trustees can exercise their discretion and hopefully avoid a dependency claim.
Taking family law advice, for example, capitalising spousal maintenance or taking out life insurance to cover any potential spousal maintenance claim against the estate.
In addition to advising you on potential claims against the estate, your Will solicitor can also advise on estate planning to make your Will as inheritance tax efficient as possible, after considering your family and personal circumstances.
For expert Will writing advice call our team of specialist Will lawyers or complete our online enquiry form.
Evolve Family Law offices are in Holmes Chapel, Cheshire and Whitefield, North Manchester.
Chris Strogen
Sep 17, 2025
What are the Grounds for Contesting a Will?
Enquiries are rising about whether family members and loved ones can challenge Wills. In this blog, our Contesting a Will solicitors look at the grounds for contesting a Will.
Call Evolve Family Law for advice on challenging a Will or complete our online enquiry form.
Can I contest a Will?
The grief and distress experienced at a time of bereavement is increased if you don’t think that your loved one’s Will is correct or fair. It is best to take legal advice on the Will and whether you have the grounds to contest the Will. Our team of specialist lawyers provide discreet, sensitive advice about your options.
What are the grounds for contesting a Will?
You may be able to contest a Will if:
The Will maker lacked testamentary capacity, or
The Will was not executed properly, or
The Will maker was unduly influenced to make the Will, or
The Will was fraudulent or forged.
In addition, if you have not been named as a beneficiary in a Will or if you haven’t been left as much as you need and you were dependent on the deceased, you may be able to bring a claim against the estate. This is different to challenging a Will on one of the four grounds.
Contesting a Will because of a lack of testamentary capacity
A Will is not valid if the Will maker signed their Will at a time when they had lost their mental capacity to manage their own affairs (referred to as a lack of testamentary capacity by contesting a Will lawyers). That’s because a Will maker must have testamentary capacity to make or change a Will.
Loss of mental or testamentary capacity means that the Will maker didn’t have the mental ability to understand what they were doing when they signed their Will and the impact that their actions would have on their estate.
If the person signing the Will did not have mental capacity at the time it was executed, and if the Will is successfully challenged, the estate will pass and be administered in accordance with either:
The deceased’s most recent valid Will, or
If the deceased did not make an earlier Will, their estate will be distributed under the intestacy rules. It is therefore important to understand what would happen to the deceased’s estate if a Will is challenged, as intestacy rules can produce unexpected results.
Contesting a Will because the Will wasn’t executed properly
A Will may not have been executed properly as it wasn’t signed by the Will maker or their signature wasn’t properly witnessed by two witnesses. If the Will wasn’t executed properly, then the Will is invalid. This means the deceased’s estate will pass in accordance with any earlier validly executed Will or, if there is no earlier valid Will, under intestacy rules.
Contesting the Will because the Will maker was unduly influenced to make the Will
If the Will maker was under undue influence or was pressured or coerced into making a Will, the Will may be invalid. There may be a red flag over whether there was undue influence if the deceased was elderly or vulnerable and left their estate to someone they had only met shortly before their death, and the deceased had always stated that they would leave their estate to family members or friends.
Any challenge to a Will based on undue influence has to carefully look at what evidence there is of undue influence, other than suspicion on the family member’s part. This is because to contest a Will based on undue influence, the applicant must be able to show that the deceased would not have made the legacy in the Will without being subject to coercion or undue influence.
Contesting a Will because the Will was fraudulent or forged
If a Will is fraudulent or forged, then it is invalid. Examples of forged Wills include:
Forging the Will maker’s signature to make sure the Will is executed, or
Destroying a Will so that an earlier Will is thought to be the valid Will, or because, under intestacy rules, the fraudulent person will get the lion’s share of the estate.
Should I contest a Will?
If you want to contest a Will because you have concerns about its validity, then it is best to take legal advice. A contesting a Will solicitor can assess:
The grounds for challenging the Will
The evidence
The size of the estate
Your prospects of reaching a compromise or securing a court order
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How do you contest a Will?
If you want to contest a Will, it is essential to act and obtain legal advice as soon as you can. That’s because there are time limits to contest a Will. For example, if you are bringing a claim as a dependant of the deceased, the time limit is six months from the issue of the grant of probate.
If you decide to contest a Will, then you can make a claim, referred to as a ‘caveat’, to the Probate Registry office. The claim means the probate won’t be completed, and therefore the estate won’t be distributed without your being notified and able to pursue the claim. The caveat lasts for six months but can be renewed if an extension is justifiable.
If, during the period of the caveat, you cannot resolve the Will dispute by agreement, then you have the option of starting court proceedings to contest the Will. When determining the application, the court will weigh up all the evidence. That’s why it is best to seek specialist legal advice before commencing court litigation. That way, you can make informed choices on whether pursuing the court case is in your best interests.
Our Private Client and Contesting a Will Solicitors
Deciding whether to challenge a Will isn’t an easy decision to make. For sensitive, pragmatic help, call Chris Strogen at Evolve Family Law or complete our online enquiry form.
Chris Strogen
Sep 03, 2025
Can My Ex-Wife Make a Claim on My Estate?
Potentially, your ex-wife could claim against your estate. That’s why when you are separating or getting divorced you need joined-up advice from a family lawyer and a Will solicitor.
In this article, the estate planning lawyers at Evolve Family Law answer your questions on what happens to your estate if you pass away leaving an ex-wife.
For expert advice call our team of specialist divorce and estate planning lawyers or complete our online enquiry form.
Ex-wife's claims against an estate
An ex-wife's claims will depend, to a large extent, on whether you are divorced or not. No-fault divorce proceedings are not finalised until your final order of divorce is pronounced. If you divorced before the divorce law reform you may have received a decree absolute from the court ending your marriage.
If you have not completed the divorce process you may still be married at the date of death. Therefore, your estranged wife is your legal next of kin. However, you may have made a new Will when you separated so she is no longer a beneficiary of your estate.
Your ex-wife can claim your estate or a share of it even if:
Your divorce has been finalised
You have a separation agreement
You have a financial court order
You are not paying your ex-wife spousal maintenance
You have remarried
You have children
You have made a Will excluding your former wife
The only circumstances when an ex-wife cannot bring a claim against your estate is when the court has made a clean break financial court order preventing any further monetary claims by her or your ex-wife has remarried.
Do you have a clean break financial court order?
If you got divorced some years ago you may not be certain if you secured a clean break financial court order. If you are unsure, you should ask one of our specialist family lawyers to review the order for you. They can look at the technical wording and advise you.
If you do not have a financial court order our family lawyers can help you obtain a financial court order to give you peace of mind. Your Will solicitor can then prepare a bespoke Will for you, confident in the knowledge that your ex-wife cannot make a claim or the risks of her doing so are reduced.
If you have a financial court order, but it is not a clean break order, our family law solicitors can advise on whether it would be sensible to ask the court to vary the order to make it a clean break order. Their advice will depend on your circumstances and those of your ex-wife.
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Does making a new Will prevent my ex-wife from making a claim on my estate?
If our Will solicitors make a new Will for you then an ex-wife could still bring a claim against your estate if there is no clean break order in place from the family court. A Will solicitor can advise on the prospects of an ex-wife successfully challenging your Will after your death. There are ways that you can minimise the risks of an estate claim or reduce the amount payable.
The law on your ex-wife making a claim on your estate
The law on people making a claim against your estate if you die without making a Will (called dying intestate) or die with a valid Will is contained in the Inheritance (Provision for Family and Dependents) Act 1975.
An ex-wife can claim against your estate if the intestacy rules or your Will does not make reasonable financial provision for her.
Reasonable financial provision depends on her and your circumstances. For example, your former spouse may rely on your spousal maintenance that ends on your death. Alternatively, your estate may be modest and you may have dependent children from your first and second marriages who need providing for.
The 1975 Act says that all the following people could bring a claim against your estate:
Your husband, wife or civil partner – this includes someone who is separated but not divorced from you
A former husband, an ex-wife or a former civil partner if there is no clean break order in place and if your ex-spouse or civil partner has not remarried
A child or someone treated as a child by you
Someone who was living with you for 2 years before your death
Anyone who immediately before your death was financially dependent on you. For example, an unmarried partner
Worst case scenario, a current cohabitee, your children and an ex-wife could all be disputing who gets your estate. This level of conflict could be stopped or reduced with a Will prepared by a specialist estate planning solicitor.
For expert advice call our team of specialist divorce and estate planning lawyers or complete our online enquiry form.
Robin Charrot
Oct 01, 2024
Can a Separated Spouse Inherit?
Our private client and Will solicitors are asked the question ‘Can a separated spouse inherit?’ The quick answer is yes or maybe. That’s why if you are thinking about a separation or divorce you need to talk to a Will and estate planning solicitor as well as to a family lawyer.
In this article, our Will solicitors explain why you need a Will or a new Will if you are going through a family separation. Our specialist lawyers can help you with all your private client needs, including writing a Will for you or checking if your existing Will needs amending, because of your new family circumstances.
For expert Will and estate planning advice call our team or complete our online enquiry form.
Who inherits if you are separated
If you are separated from your husband, wife, or civil partner then you are still in a legal relationship with them until the relationship is dissolved by your securing a final order of divorce or the dissolution of your civil partnership.
A gift in a Will to a separated spouse or civil partner is valid despite your separation.
If you have not made a Will your separated husband, wife, or civil partner is one of your next of kin and they will be entitled to a share of your estate under the intestacy rules.
The intestacy rules set out who inherits your estate where there is no Will. The rules say:
If there are surviving children or grandchildren or great-grandchildren and the estate has a value over £322,000, the spouse or civil partner will inherit:
All the personal property and belongings of the deceased and
The first £322,000 of the estate and
Half of the remaining estate
2.If there are no surviving children, grandchildren or great-grandchildren, the spouse or civil partner will inherit:
All the personal property and belongings of the deceased and
The rest of the estate
Whether there is a Will or if the intestacy rules decide who gets an estate, some people can challenge the provisions in a Will or the intestacy rules distribution. They can do this if they do not think that the Will or the intestacy rules make reasonable financial provision for them by making a claim against the estate.
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Joint property and separated spouses
Many married couples jointly own their family home. If a house is owned as joint tenants the surviving partner automatically inherits the deceased’s share of the house. That is the case even if the deceased was separated from their husband or wife or even if the deceased made a Will leaving their estate to their children or charity.
If you do not want your husband or wife to inherit under the joint tenancy survivorship rule then your family law solicitor can check to see if you own your family home as joint tenants. If you do own the property as joint tenants then you can sever the joint tenancy. That means the property continues to be jointly owned but you own it with your spouse as tenants in common. If you predecease your spouse your share of the property will pass under the terms of your Will. It is important to check the terms of any existing Will and to change it if necessary. That’s because most married couples have Wills that leave most of their estate to their spouse so severing the joint tenancy will only work if you also change your Will.
If you do not have a Will then intestacy rules will apply to your estate so it is important to get a Will solicitor to prepare a Will for you if you do decide to sever the joint tenancy.
One point to note is that if your separated spouse predeceases you after you sever the joint tenancy then you will not automatically inherit their share of the property under the survivorship rules. Instead, your estranged spouse’s share of the property will pass under their Will or intestacy rules.
Making a Will if you are separated
If you are separated from your husband, wife, or civil partner it is best to change your Will straight away rather than wait until after your divorce comes through. That’s the case even if your separation is amicable. For example, you may want to change your Will to leave your estate in trust for your young children. If the separation is amicable, you could appoint your estranged wife as one of the trustees of your estate. If your estate is left to your wife directly and she remarries then her second husband could inherit her estate (including the money and assets she inherited from you) and your children could lose out.
A Will solicitor can help you write a Will that reflects your new family circumstances and reduces the risk of a person making a claim against your estate. For example, they may recommend that your Will includes a discretionary trust. There are lots of options and estate planning choices that a specialist Will solicitor can talk you through.
For expert Will and estate planning advice complete our online enquiry form.
Robin Charrot
Dec 12, 2023
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