Separated But Not Divorced? Your Estate May Pass to Your Ex

Readers who live apart from their spouses or civil partners, but who have not formally dissolved their relationships, are warned that following changes to inheritance law brought into effect in October 2014 by the Inheritance and Trustees' Powers Act 2014, your 'ex' may have the right to inherit the whole of your estate if you die without leaving a valid will and have no children.

Where there are children, your former spouse or partner will receive the first £250,000 of your estate, together with your personal effects plus a half share in the balance of your estate.

In order to prevent this happening and ensure your estate is distributed in accordance with your precise wishes, it is essential to create a will, which we will be pleased to assist you to do.

There are many reasons why a couple whose relationship has failed may not get it legally dissolved. It is important, however, to remember that failing to do so can have a significant effect on who inherits your estate and, especially if new family relationships have been formed, may lead to legal squabbles over your estate that will diminish its value.

The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.