Inheritance is never a straightforward conversation, which is why it’s important to have a Will to settle your affairs. However, ensuring your will is kept up to date with all of your life changes is important. This is especially the case when it comes to divorce…
Whether you have ended the marriage amicably or not, you’ll still want to ensure that your assets are sufficiently protected in the event of your death. And that the right settlements end up with the people you’d like to receive.
Doesn’t the divorce cut all ties?
A common misconception is that a divorce will sever the financial ties between you and your ex-spouse. However this is not the case – your ex-spouse can still bring an inheritance claim against your will as long as they have not remarried.
Claims are usually made where you have been providing financial support to your ex-partner as part of the divorce settlement – especially in cases where the support is set to end in the event of their death. So if your death is before theirs then it is common for a claim to be brought forward.
What is the inheritance act?
The inheritance act is in place to prevent the former spouse from making a claim against your will in the event that you pass away before them. However, even when a right to claim inheritance after a divorce has been included in a court order, it may be possible to still bring a claim.
It is important to note however that these restrictions are only effective if the correct wording has been used. It’s important to have the support of probate and wills professionals to ensure this is the case – even generalized legal professionals can still make mistakes.
How Beeston Shenton can help
Our team of specialist wills and probate lawyers will be able to draw up a will that is legally sound and stops an ex-partner from making a claim against your estate. Get in touch with us today at info@beestonshenton.co.uk
