In this guide, we will look at whether an ex-spouse can claim against your estate. We will also outline steps to protect your assets.
Understanding Ex-Spouse Claims Against an Estate
Generally, an ex-spouse cannot inherit from your estate unless specific circumstances apply. If you divorced before you passed away, your ex-spouse usually loses the right to inherit automatically.
Can an Ex-Spouse Claim Inheritance?
Even if you are divorced, there are situations where an ex-spouse might still be able to make a legal claim against your estate. Here are some key factors to consider:
1. No Remarriage or Civil Partnership
If your ex-spouse has not remarried or entered into a civil partnership, they may still have grounds to claim against your estate.
2. No Financial Order in Place
A Financial Order is a legal agreement made during a divorce. It settles money issues between you and your ex-spouse. If no such order exists, your ex-spouse may still have the right to claim on your estate.
3. Timely Filing of Claims / Limitation
Claims must be made within six months of the issuance of a Grant of Probate otherwise permission of the Court is required. This is a critical deadline for any ex-spouse seeking to make a claim.
Ex-spouse claims usually happen under the Inheritance (Provision for Family and Dependants) Act 1975. This legislation lets people who depended on the deceased for money ask for fair financial support from the estate.
What should you do if you name your ex-spouse in your will?
If you explicitly name your ex-spouse in your Will, the situation changes slightly. Under the laws in England & Wales :
- Divorce affects inheritance under a Will:
Section 18A of the Wills Act 1837 (as amended) provides that if a person divorces, annuls a marriage, or dissolves a civil partnership, their former spouse / civil partner is treated as having died for the purposes of the Will from the date of the final order of divorce / dissolution. This means any appointments or benefits to the former spouse or civil partner under the Will are void unless an express declaration states otherwise. - No Financial Order: If there was no Financial Order during the divorce, your ex-spouse can still seek financial support if they were financially dependent on you.
Steps to Protect Your Estate from Ex-Spouse Claims
To make sure your estate is shared as you want and to reduce disputes, it is prudent to follow these steps:
1. Secure a Financial Order
During your divorce proceedings, obtaining a Financial Order is crucial. This legally prevents your ex-spouse from making future claims against your estate. Inheritance Act claims would usually be dismissed by the clean break provisions within the Financial Order.
2. Update Your Will
After your divorce, review and update your Will to ensure it reflects your current wishes. Clearly exclude any unintended beneficiaries, including your ex-spouse.
3. Seek Expert Legal Advice
Working with experienced solicitors can help you implement additional strategies to safeguard your estate. For example, setting up trusts or gifting assets during your lifetime may help reduce the risk of inheritance disputes.
Does Gender Affect Inheritance Claims?
Inheritance laws in England & Wales apply equally to ex-wives and ex-husbands. Claims depend on factors such as financial dependency, marital status, and any legal agreements in place. For instance, a Financial Order on divorce can significantly impact an ex-spouse’s ability to make a successful claim against your estate.
Expert Support for Ex-Spouse Inheritance Disputes
At Laker Legal Solicitors, our Solicitors deal with financial matters upon divorce and also Inheritance Act Claims providing us with a unique skillset for acting for you in such matters.
