Lawyers have warned people who have been divorced that there is potential for ex-spouses to make a claim against their estate after their death.
City law firm DMH Stallard has outlined the legal framework that allows an ex-spouse to seek ‘reasonable financial provision’ from a deceased’s estate. This claim can be made even years after a divorce has been finalised.
Cathyrn Culverhouse, a Partner at DMH Stallard, said: “Many people assume that once a divorce is concluded, their ex-spouse has no further claim to their assets. However, the Inheritance Act 1975 provides a legal avenue for them to do so, making it crucial for individuals to review and update their estate planning documents to reflect their current wishes.”
According to the legal experts at DMH Stallard, a claim under the 1975 Act must be brought within six months of the Grant of Probate being issued. They advise that taking proactive steps can help protect an estate and reduce the risk of a successful claim by a former spouse.
They also note that if an ex-husband or ex-wife remarries, their claim for provision from the estate will fail, with the exception of a claim for maintenance between the date of death and the date of remarriage.
Gonzalo Butori, Senior Associate at DMH Stallard, said: “The emotional and financial consequences of a post-death claim can be devastating for the surviving family. Proactive measures, such as obtaining a court order during the divorce process or carefully drafting a will, are essential to providing a clear path for asset distribution and preventing future disputes.”
Both lawyers highlight that a properly constructed will, in some cases supported by a court order, can explicitly bar an ex-spouse from making a claim. This strategic approach can provide peace of mind and ensure a person’s assets are distributed according to their wishes.
