In the realm of inheritance law, the complexities of probate disputes often intensify when spouses are separated but not divorced. Despite living apart and potentially forming new relationships, the legal bond of marriage can have profound implications on estate distribution. This situation can lead to unexpected and contentious outcomes, particularly if one partner passes away without updating their will.

Joy Williams v Estate of Norman Martin [2022]

A notable case involving separated but not divorced spouses is Joy Williams v Estate of Norman Martin. In this case, Williams and Martin had been living together for some 18 years, but Martin had not divorced his wife, despite being separated and estranged.  Martin passed away intestate, without having written a will. His estranged wife stood to inherit Martin’s share of the property he owned with Williams due to their legal marital status and the lack of a will. Williams successfully argued her case based on the long-term cohabitation and contributions to the property, leading to a favourable ruling for her.

Key considerations in Contentious Probate for Separated but Not Divorced Spouses

1. Legal Marital Status: Despite long-term separation, spouses remain each other’s next of kin unless legally divorced. This means that in the absence of a will, the surviving separated spouse is entitled to inherit the estate, potentially overriding claims from new partners or children from subsequent relationships.
2. Financial Ties: Without a financial settlement or divorce, separated spouses maintain financial claims against each other’s assets, including inheritance. This can complicate probate matters, especially when significant assets are involved or when the deceased had a new partner​
3. Importance of a Will: To avoid disputes, it is crucial for separated individuals to update their wills to reflect their current wishes. This helps prevent unintended inheritance by estranged spouses and ensures that assets are distributed according to the deceased’s intentions.

Practical Steps

• Seek Legal Advice: It’s vital to consult with a solicitor to understand the potential claims and to create a clear estate plan that reflects current relationships and intentions.
• Update Legal Documents: Ensure wills and any other relevant legal documents are updated to prevent disputes.
• Consider Separation Agreements: These can provide clarity and legal standing regarding financial and property matters during separation, reducing the likelihood of contentious probate disputes.

For personalized advice and support with contentious probate matters, contact our team at 0161 928 3848 or mch@mchaleandco.co.uk. Our experienced solicitors can help navigate these complex issues and ensure your estate is handled according to your wishes.