03/09/2026
Q. Does the separation of spouses affect inheritance rights where there is no valid Will?
A. This is a question I get asked often. Many people do not realise that a separation or simply living apart has no automatic effect on inheritance rights for spouses, with or without a Will despite there being no contact for several years. The surviving separated spouse is treated exactly as a happily married spouse in the eyes of the law.
If you die without a valid Will then your estate will pass under the rules of Intestacy. What this means is that those entitled are divided into classes of descending order. The first two classes are spouses and then children.
In circumstances where the deceased spouse has no children, their separated spouse would inherit everything if they were to die before a divorce was finalised. If there are children, then the spouse will receive all personal chattels (your personal movable items) plus the ‘statutory legacy’ free of inheritance tax of £322,000. In addition to this, if there is anything left within the estate over the £322,000, they take half the residue, with the other half going to the children.
If you have separated from your spouse and do not wish them to inherit your estate, it is essential to make a new Will that specifically excludes the estranged spouse and leaves the estate to your other chosen beneficiaries.
To contact Yazmyn Nuttall with your Will enquiry, please email [email protected] or call 01243 532777 and ask for Yazmyn
https://www.owenkenny.com/yazmyn-nuttall
