A recent High Court decision has provided important guidance on when a former spouse may be entitled to financial provision from a deceased person’s estate, particularly where divorce proceedings were ongoing at the time of death.

The case highlights how the Inheritance (Provision for Family and Dependants) Act 1975 can offer protection to individuals who have not been adequately provided for.

Background to the Case

The couple had married in 2000 and began divorce proceedings in 2019. Although the divorce itself had been finalised, financial matters had not yet been resolved when the husband died in 2021.

As a result, no financial settlement had been agreed between the parties.

Following his death, the husband’s estate fell to be distributed under the rules of intestacy, meaning his four children would inherit the estate equally. As a former spouse, the ex-wife was not automatically entitled to inherit anything.

The Claim Under the Inheritance Act

The ex-wife brought a claim for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975.

Her circumstances were considered carefully by the Court:

• She had a modest income of approximately £1,000 per month
• She had no savings or investments
• She was living with family and had no secure accommodation
• She had debts of around £61,000

The Court also noted that she had been financially dependent on her former husband during part of the marriage and had lost the opportunity to secure a financial settlement before his death.

Dispute Over Property Ownership

A key issue in the case was the ownership of a property held in the ex-wife’s name.

• She argued it had been gifted to her
• The husband’s sons argued it remained his

After reviewing the evidence, the Court found that although the husband had contributed the majority of the purchase price, the property was beneficially owned jointly.

This finding was significant, as the property formed a substantial part of the estate.

The Court’s Decision

The Court concluded that the ex-wife had not been adequately provided for and was experiencing genuine financial hardship, particularly in relation to housing.

To address this, the Court ordered that:

👉 The remaining share of the property should be transferred to her from the estate

However, the Court did not award any additional financial provision, taking into account:

• The relatively modest size of the estate
• Her ability to support herself once her housing needs were met

Key Takeaway

This case demonstrates that:

👉 Former spouses may still have valid claims against an estate, even after divorce, particularly where financial matters remain unresolved.

It also highlights the importance of:

• Finalising financial settlements during divorce
• Ensuring wills reflect current intentions
• Seeking legal advice where there is potential financial dependency

✦ Q&A: Claims Under the Inheritance Act 1975 ✦

Can an ex-spouse claim against an estate?

Yes - if they have not remarried, a former spouse may be eligible to bring a claim for reasonable financial provision.

What is “reasonable financial provision”?

It is financial support that the Court considers fair based on the applicant’s needs and circumstances.

Does divorce automatically remove inheritance rights?

Yes under intestacy rules - but a claim may still be brought under the Inheritance Act.

What factors does the Court consider?

The Court looks at financial need, dependency, housing, the size of the estate, and the relationship with the deceased.

Can the Court award property instead of money?

Yes - as in this case, property can be transferred to meet housing needs.

Contact Us

If you are concerned about inheritance disputes, or believe you may have a claim for financial provision from an estate, it is important to seek legal advice as early as possible.

Willett & Co Solicitors provide clear, practical advice on estate disputes, probate and private client matters.

📞 01284 701323
✉ law@willettsolicitors.com
📍 18 Angel Hill, Bury St Edmunds, Suffolk, IP33 1XQ