How UK law treats an ex-partner’s rights in relation to a will

Introduction

Enduring relationships, breakups, and later life planning often intersect in tricky ways. One question that comes up frequently is: Does my ex have any rights under my will? Or conversely, can I prevent an ex from inheriting from me? The short answer is: it depends on a number of factors (marriage, divorce status, dependency, etc.). Below, I’ll walk you through the main legal principles, typical scenarios, and practical tips.

Key legal concepts & principles

Before diving into scenarios, there are some legal principles you need to understand:

Testamentary freedom vs family/dependants claims

• In England & Wales, a person is generally free to leave their estate to whomever they choose — this is called testamentary freedom.

• However, this freedom is not absolute. A will can be challenged under certain circumstances — particularly under the Inheritance (Provision for Family and Dependants) Act 1975 — if someone claims they have been inadequately provided for.

• The courts can order adjustments to a will (or estate) to ensure “reasonable financial provision” is made for certain classes of people, including a spouse or former spouse in some cases.

Effects of divorce on a will

• Divorce does not automatically cancel your entire will. But it does void any direct provisions in the will in favour of your ex-spouse — e.g. gifts, appointments as executor — unless the will explicitly says otherwise.

• Because of that, many people update or rewrite their wills after a divorce to reflect their changed circumstances.

• If you are separated but not yet divorced, your spouse still retains the legal rights a spouse has (unless you take steps). In other words, separation alone does not cut their rights.

  
  

Intestacy (dying without a will)

If someone dies without leaving a valid will (“intestate”), the laws of intestacy determine who inherits. Unmarried partners generally have no automatic right under intestacy rules.

In contrast, a legally married spouse or civil partner may receive a substantial share under the intestacy rules (plus personal items) even if they were estranged or separated.

Scenario analysis: when might an ex have rights — or claims?

Let’s go through some common scenarios. (Always consider local differences in Scotland/Northern Ireland.)

1. Ex is your former spouse (divorced)

• As stated above, the will’s provisions favoring your ex are typically voided by the divorce.

• The ex could still make a claim under the Inheritance Act if they can show that they were financially dependent, or left in hardship by your will’s terms.

• If there is no valid will (intestacy), they generally don’t inherit as an ex (divorced) — the law treats them as if they are no longer spouse. (But again, “ex” status is distinct from “still legally married” status.)

2. Ex is your spouse but separated (not divorced)

• Separation alone does not remove your spouse’s rights in your will or under intestacy. They may still inherit under your will and be eligible to challenge it.

• If your separation was long-standing, but divorce has not occurred, your will must explicitly exclude your spouse (if you wish) or you risk them inheriting under the existing terms.

3. Ex is a former cohabiting partner (never married)

• If you never married, your ex (cohabitee) generally has no automatic rights to your estate or to challenge your will under the Inheritance Act unless they fall under certain categories of dependants.

• For example, someone financially dependent on you, or a person you lived with for a period before your death, may be able to make a claim under the Inheritance Act.

• But many such claims are contested, and success is by no means assured.

4. Ex is named in other instruments (e.g. pension, life insurance)

• Be cautious: pension nominations, life insurance policies, and some trusts may operate outside your will. Even if you exclude someone from the will, they might still claim via these other instruments unless you take steps to change nominations.

• Also, even after divorce, if a spouse is receiving spousal maintenance or dependency support, that may affect claims.

Factors the court will consider

If an excluded person (such as an ex) challenges a will under the Inheritance Act, courts will consider:

• The financial resources of the claimant (do they have enough on their own?)

• The size of the deceased’s estate

• The claimant’s financial needs (housing, living costs)

• The relationship between the deceased and claimant (closeness, duration, support given)

• Whether the deceased intended the exclusion

• Any competing claims from other beneficiaries

It’s not enough to say “I disinherited my ex” — the court may override that if the exclusion is judged unfair on balance.

Practical tips & protections

To minimise surprises, here are good practices:

1. Update your will after major life changes — separation, divorce, new partner, children.

2. Explicitly revoke or exclude ex-spouses in your will (if intended), clearly expressing your intention.

3. Include fallback beneficiaries (so you don’t end up with no named heirs).

4. Consider getting a financial settlement in divorce (a “clean break”) to limit future claims.

5. Review pension / life insurance nominations — make sure they align with your wishes.

6. Get legal advice — particularly if your relationships, assets or dependents are complex.

7. Plan for potential challenges — anticipate that someone excluded may try to claim under the Inheritance Act.

Summary & takeaway

• An ex-partner’s rights to your estate depend heavily on whether you were married, divorced, or merely cohabited, and whether they can claim as a dependant.

• Divorce voids direct gifts to ex-spouses in your will, but doesn’t void the entire will.

• Separated (but not divorced) spouses still generally retain rights.

• Cohabitees (non-married exes) usually have fewer rights, though dependency claims are possible.

• A solid will, updated after life changes, plus planning around pensions and financial settlements, is your best protection.