Separated or divorced? You need to update your Will

Separation comes with different rights compared to divorce – so what happens to your inheritance rights if you’re separated from your spouse?

Whether you’re considering separation, have just separated or you’ve been separated for years, separation is different to divorce. It doesn’t legally change your status when it comes to claims for shared assets and finances – and nor does it change matters when it comes to inheritance rights.

It’s important to understand the law regarding inheritance and separation, in order to protect your plans for the future as well as your assets.

Separation & Divorce

Your spouse could be entitled to your finances and assets, if you die and you’re not divorced.

Similarly, if your spouse dies before you’re divorced and while you’re separated, you could have the legal right to inherit your spouse’s estate if there are no children involved.

This is because the rules of intestacy view separated couples in the same way as married couples. If one spouse dies without a Will, the other would become the main beneficiary and inherit accordingly – and regardless of whether they’re married or separated at the time.

However, if you have a will in place which details how you’d like your estate to be distributed when you die, this increases the chances of your estate being distributed in accordance with your wishes.

It’s important to update your Will after any big life change, such as separation.

Helping You With Your Separation & Inheritance

Separation and inheritance are complex areas of the law, and it’s important you seek professional legal advice for your situation as everyone’s set-up is different and you want to ensure you can protect your assets and plans for the future.

The fact that you have separated from your spouse or partner, does not automatically prohibit them from inheriting your estate.

You do not even need to be married for a cohabiting partner to inherit your estate if you have made provision in a Will that some or all your estate to be left to them.

If you’ve separated or divorced, it’s crucial to update your will to reflect your new circumstances. This ensures your wishes for your estate are followed and prevents unintended inheritance by your ex-spouse.

We will take the time to understand your situation to ensure we can provide you with the legal advice and support you need to protect your rights and assets.

To speak to us about your situation or about separation agreements, you can contact us at our Chorlton office on 0161 860 7123 or email chorlton@hlfberry.com or at our Failsworth office on 0161 681 4005 or email failsworth@hlfberry.com and we will be happy to help.