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  • Writer's pictureEmma Aslett

Wills & Probate | I Am Divorced/ Separated – What Does This Mean For My Will?

Updated: Aug 8, 2023

If your Will is prepared correctly and executed correctly, then that Will is valid.

But what does this actually mean, depending on your marital status?

Married/Civil Partnership

If you choose not to leave your whole or part of your estate to your spouse, your spouse may be entitled to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (the “Inheritance Act”).


When going through the divorce process, you need to make sure that you have your Will lawyer hand in hand.

Depending on the outcome of your divorce, your ex-spouse may still be considered as relying on you for financial support – whether that be for themselves or the children or both.

Your ex-spouse may be entitled to make a claim under the Inheritance Act.


Please be aware that if you die without a Will, your estate will be distributed in accordance with the rules of intestacy, which may not necessarily be what you would have wanted.

Be careful – many people think that their assets will automatically go to their spouse, but this is not always the case if you have children… On the other hand, if you are going through a separation or divorce, do not also assume that your ex-spouse will not be able to make a claim.

You should make sure that you are protected. When you pass away, your family will be going through an already difficult time. Do not make it more difficult for them by cutting corners now.

The information provided in this article is not intended to constitute professional advice and you should take full and comprehensive legal, accountancy or financial advice as appropriate on your individual circumstances by a fully qualified Solicitor, Accountant or Financial Advisor/Mortgage Broker before you embark on any course of action.

Please feel free to contact me on 0207 183 4595 or at emma.aslett@pennchambers.co.uk

0207 183 4595


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