01/10/2026
A husband divorced his wife more than 30 years ago, and a Financial Consent Order containing a clean break provision ensured that their financial ties were formally severed. As part of the divorce settlement, the husband retained ownership of the family home and was assured that his former wife would have no future claim over his assets.
Many years later, when the husband died, he left the family home to his adult son. His wishes were clear. However, shortly after inheriting the property, the son unexpectedly died without having made a Will. He was unmarried, had no children and no direct descendants.
As a result, the son’s estate was distributed according to the intestacy rules (the legal rules that decide who inherits a person's estate when they die without a valid Will). Under those rules, his closest surviving relative was his mother, who was also the husband's former wife. Consequently, the son's estate, including the family home, passed to her.
The family home ultimately ended up in the hands of the former wife, despite this being the very outcome that the husband had sought to avoid through the divorce settlement many years earlier and would almost certainly have wished to avoid after his death.
This case demonstrates how, without proper estate planning, assets can pass in unexpected ways, leading to outcomes that may be the opposite to an individual's intentions and a family's wishes. It highlights not only the importance of making a Will, but also the need to regularly review and update it as personal circumstances change. If you’d like to speak with us about divorce and financial settlements, making your Will or updating an existing one, please contact us on 01406-422651.
