Areas of Law / Wills and Probate

I have a brother and an ex-wife. If I don’’t make a will, who will inherit my property?

It’’s possible your ex-wife could make a claim on your estate unless you have reached a financial settlement with her. She could apply to the court for provision under the Inheritance (Provision for Family and Dependants) Act 1975 unless her right to do so has been dismissed within financial proceedings ancillary to the divorce. You need to look at the terms of the financial settlement reached with your ex-wife. If claims under the 1975 Act have been “barred out” your ex-wife will receive nothing, and the entire estate would go to your brother, assuming there were no other relatives. I recommend that you make a will rather than allow your estate to be distributed under the intestacy rules.

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