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Who will then get the inheritance I leave?
Whatever wealth or assets your ex-partner was set to inherit from you will be passed to the next beneficiary entitled to it, which should be stated in the terms of your Will. If your entire estate has been left to your ex-spouse, with no one else named, then it will be dealt with as if you had died without a valid Will in place (also referred to as dying “intestate”).
Under these circumstances, the law decides who inherits what from your estate, under the Intestacy Rules. They state that only your spouse or civil partner and other close family members may inherit your estate, depending upon its value.
The list is a hierarchy with preference given to family members who are more closely related. It does not matter whether you are separated or getting divorced from your spouse or civil partner, they are still entitled to a share of your estate.
Solicitor’s tip: These rules place relatives in order of priority. Sometimes modern family relationships, such as blended families that include step-children and partners who live together but aren’t married, won’t be recognised.
As you can imagine, this means that there is the potential for your estate to be distributed in a way that you would not have wanted. Therefore, it’s important to update your Will as soon as possible.
What if I divorce without a Will?
If you don’t have a Will and pass away before your divorce has legally ended, the distribution of your property, money, and personal possessions (also known as your estate) is also governed by the Rules of Intestacy.
This is why our experts say you should make a Will (or review an existing one) as soon as the divorce process starts, even if you are uncertain about the financial outcome. As this will offer the best protection for you, and your Will can automatically accommodate future changes in your financial circumstances.
Should I make a Will before I divorce?
Yes, we recommend our clients make a Will before a divorce or even during the divorce process.
Shivi Rajput, Team Leader Partner at our London law office, says:
“Until the divorce is finalised (i.e. you have a final divorce order which formally dissolves your marriage), your spouse may still inherit under the intestacy rules if you die without having a valid Will in place.”
What are the benefits of updating a Will?
There are a number of benefits to updating your current Will or creating a new one, when you divorce:
- Accurately reflect your current circumstances: A Will created before your divorce will have beneficiaries, trustees, and lasting power of attorneys that are no longer a reflection of your situation. By updating or creating a Will, you can ensure it reflects your latest intentions.
- Review your estate plan and change accordingly: This time provides you with the opportunity to review the current plan for your estate and make any changes. An example of this is revoking or creating trusts based on your new situation.
- Consider your new relationship with your children: Divorce can impact family relationships and dynamics. If your children’s relationship with their other parent breaks down or your own relationship with them is impacted, you may want to change your Will to consider this new dynamic.
Solicitor’s tip: Making a new Will does not automatically revoke your prior will. To do this, you will need to follow the legal requirements for revocation, which may include executing a written document that specifically revokes the Will.
We recommend our clients discuss this with a specialist Wills and Probate solicitor to ensure that the new Will is legally sound after a divorce.
Can my ex claim my inheritance after getting divorced?
The terms of your divorce financial settlement will determine whether your ex-partner has any claims on any inheritance you received from another family member.
Under UK law, inheritance is generally viewed as a non-matrimonial asset. This means that when deciding how your assets will be split as part of your divorce, it typically stays with the person who inherited it. However, this protection isn’t absolute. During negotiations, your ex-partner may be entitled to a share of your inheritance if:
- Needs cannot be met: The shared marital assets (such as the family home) aren’t enough to meet the housing or financial needs of both parties or the children.
- The funds were matrimonialised: If you and your ex mixed the inheritance with joint finances, such as paying off a joint mortgage or putting it into a shared bank account.
If you want to protect your current and future inheritance from divorce, make sure to check out our latest guide.
Can a clean break order prevent my former partner from getting my inheritance if I pass away?
Technically, under the Inheritance Act, a clean break order can be used to protect your estate from any future claims from your ex. However, it’s important to note that they won’t be suitable for every situation. For example, this wouldn’t be applicable to circumstances that involve young children, as a clean break order does not legally end your financial responsibility toward your children.
How will the joint mortgage impact my Will?
When you get a divorce, the joint mortgage is not automatically severed. With this in mind, if one person were to pass away with both parties still on the mortgage as joint tenants, the surviving party would automatically inherit the other’s share – even if your Will states otherwise.
If you want to avoid this, we recommend severing the joint tenancy and converting it to a tenancy in common. This means that each party will hold their own share of the property, which can then be left to someone of your choosing in a Will.
What happens to my Will if we’re separated but not divorced?
Your Will remains valid, and your estate will be dealt with as per the current terms. This means that even if you and your spouse are separated, but still legally married, your ex will still benefit from your Will.
This is still true in the time it takes your divorce to complete – no matter how long this takes.
If I remarry, what happens to my Will?
If you decide to get married again, any existing Will will be revoked. However, you can change this if you explicitly state your upcoming nuptials in your Will. Also known as a Will ‘in contemplation of marriage’, as long as you have named the new person you will be marrying, your Will will not be revoked upon marriage.
If you pass away without updating your current Will or creating a new one, your estate will again be dealt with as if you had passed away ‘intestate’. This means that everything in your estate will be attributed as per the Intestacy Rules.
If I’m currently paying for spousal maintenance, do I need to continue this in my new Will?
As part of your new Will, you do not need to continue to provide spousal maintenance for your ex-partner. Although, they could claim part of your inheritance.
Under the Inheritance Act, if your ex has been removed, left out, or believe they have not been left enough money in your Will, they could claim financial provision from the estate if they are able to successfully prove they were financially dependent on you.
The granting of this is dependent on the exact terms used as part of your maintenance order, as well as how your Will is structured.
Can I write a DIY will?
It is possible, although inadvisable, to write a Will without the help of a legal professional, as a Will does not have to be prepared by a solicitor for it to be valid.
However, low-cost DIY Wills are often:
- Poorly drafted
- Prepared by Will writers who are not trained solicitors
- Do not come with the expert legal advice needed to minimise any inheritance tax and financial issues, just like the spousal maintenance example
This could mean that when you pass away, your final wishes are disregarded, or the beneficiaries could interpret the Will differently and often in a way favourable to themselves. This could lead to your loved ones facing an expensive court battle over any disputes due to discrepancies in the wording.
In a worst-case scenario, the court will be asked to decide what the Will means. If a clause in a Will is too vague and uncertain, the court can rule that part of the Will is invalid and then the intestacy rules would dictate how that part of the estate passes.
Therefore, it is crucial to prepare a Will properly with a solicitor to ensure that your loved ones do not become embroiled in costly and lengthy legal proceedings after you die.
What our clients say
Luanne Morton
Nov 2025
Luanne has been fantastic in helping me navigate the complexities of my divorce, child arrangements, and potential financial orders. Her advice was always delivered professionally, yet in a way that was easy to understand and empathetic to the emotional rollercoaster I’m currently experiencing.
Stowe Family Law, as a firm, were transparent from the beginning about the potential costs and stages of my case. This honesty gave me clarity and peace of mind, knowing that everything was being managed properly.
—A Matthews
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Imrana Masters
Nov 2025
Imrana from Stowes has done a tremendous amount of work for me in the last 4 weeks.
Previously, I was with another solicitor for nearly two years, I was constantly chasing, instructions were not clear & hardly any progress was made. The final straw was when my old solicitor said she was unavailable to represent me in court with no explanation (even though I asked)
I decided to take the plunge so close to the hearing and move over to Stowes after reading their reviews & I'm so pleased I did.
Imrana has and still is very clear, reassuring and checks in on how I'm doing regularly, her standard of work has been impeccable and I cant thank her enough.
There has been so much for her to complete in the timeframe she's had, all deadlines have been made.
Imrana has made a really difficult time feel easier, she has taken a lot of my anxiety away by her kind words & reassurance.
Thank you so much, I will 100% recommend Imrana and the team at Stowes.
—K Brooks
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Amy Turner
Nov 2025
Firstly I’d like to thank Amy Turner for all her hard work and continued support while going through a break up with my ex partner. Not only did I get the result I wanted today out of a very complicated situation, but throughout my case I felt she genuinely cared about my wellbeing. Amy was always professional & gave me clear advice making me feel she always had my back. If you want a good solicitor Amy is the best in my eyes.
—D Wilson
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Emel Hamit
Filomena Sterkaj
Nov 2025
Filomena and her team helped me through the worst time of my life. Having left an abusive marriage with my two little girls, I was living in the UK without any family support, Filomena was there every step of the way with expert advice and support. The court granted me permission to relocate to Ireland with my girls. It was a very difficult case, one that seemed impossible to win, but thanks to Filomena, Emel and the rest of the team my children and I were able to permanently leave the UK. I will never be able to thank them enough for getting me through such a horrible time and getting us home to our family in Ireland.
—Anon
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Amy Turner
May 2024
Amy Turner at Stowe and Law solicitors has been working on dealing with my affairs through a divorce. Amy gave advice and support when needed and tells you as she sees it. Amy gave options through out the process at every stage that I could take without pushing me into an option and respects your decisions.
Amy worked tirelessly to achieve the aims that I asked her to deal with efficiently and professionally and wasted no time when receiving emails. Amy judging by the time of emails i received works long hours to achieve her targets. Amy is a pleasure to work with and will follow through on what she says she will do, you can rely on her to get the work done
—Ms R B
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Sarah McLoughlin
May 2024
I saw Sarah McLoughlin as part of my 'Next steps Meeting.'
Sarah was an excellent listener giving easy to understand information in a calm manner.
She broke down the next steps in a format that I felt empowered to undertake.
She was knowledgeable and friendly.
I was nervous at the start of the meeting but she was able to put my fears at ease and I finished the meeting feeling relieved and smiling.
—J D
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Pooja Patel
Sep 2023
Pooja Patel helped me through cases involving my children and divorce. She is very supportive and was very amazing and got the results needed in very difficult circumstances. I’m thankful l had Pooja at my side and do not know what l would have done without her.
—Mr S N
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Sarah Peters
Sep 2023
Sarah was my brother’s divorce solicitor from beginning to end. She also dealt with me as my brother often found it difficult to comprehend all the legal terminology and needed help to source all the paper work that Sarah required. Sarah was so understanding and patient with my brother, always answering my phone calls immediately, even when she was on holiday with her family! She was extremely professional and highly committed throughout the difficult months of court hearings, constantly reassuring us when we could not see the light at the end of the tunnel. I would highly recommend her.
—Ms M T
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