Can ex-wife claim inheritance after death?

We recently got asked by a client: 'Can an ex-wife claim inheritance after death?'

So, we decided to answer this question in the form of an article - looking at whether ex-spouses can make claims after death and what rights they have.

In this article, specialist Disputed Wills solicitor Anna Curtis looks at whether ex-spouses can make claims, how to, and how to defend ex-spouse claims.

Can ex-wife claim inheritance after death?

Spouses only inherit from your Will if you were still married at the time of your death.

So, if your ex-wife is mentioned in your Will when you pass away, if you have divorced, then, usually, she won’t get any inheritance.

But can an ex-wife make an inheritance claim after your death?

Can my ex-wife claim my inheritance UK?

Yes, an ex-wife or separated wife can make a claim for your inheritance if:

1. They haven’t re-married or formed a civil partnership
2. A Financial Order wasn’t made in your divorce dismissing possible claims against your estate
3. And the claim is brought within 6 months of the grant of probate being issued

This claim would be against your estate for reasonable financial provision to the inheritance.

You can mitigate the risk of an ex-wife making a claim for your inheritance, if you haven’t remarried or if you have remarried but you took the divorce proceedings and in the petition notified the court (and your ex-wife) that you were going to ask the court to look at making a financial order.

Having a financial order in place means that your ex-wife won’t be able to claim against your estate if it is dealt with in the order (it usually is), as we mentioned earlier.

Of course, this advice goes for all ex-spouses – not just ex-wives and ex-husbands. Gender does not have a bearing on claims or the right to claim.

More on ex-wife claims

To find out more about ex-wife claims for inheritance, you can read our full guide here.

If you have any questions following that, please feel free to get in touch using the information below.

Solicitors for making or defending ex-wife claims against inheritance

At Frettens, our specialist team of contentious probate solicitors can help you either make a claim against your ex-husband or ex-wife’s estate, or help you defend a claim.

In addition, if you are still in the middle of the divorce process and don’t yet have a solicitor, we can assist you in attaining a financial order or section 15 order.

For a free initial appointment with a member of our team, please call us on 01202 499255 or fill out the form at the top of this page.