This all depends on the terms of your divorce and your financial settlement however an ex-spouse can make a claim on the estate if they can show that they were being financially maintained by the deceased.

An example of financially maintaining your ex-partner after you’ve divorced would be paying them maintenance. If you don’t include them on your Will, they could potentially make a claim under the Inheritance Act.

If you don’t want your former spouse or civil partner to benefit from your estate after your death, unfortunately there is no certain way to prevent it. The best thing to do is ensure your executors are prepared in the event there is a challenge, and speak to our experienced estate planners to write your Will in a way that provides flexibility to negotiate with your ex-partner if necessary to protect the interests of your other beneficiaries.