When love fades but the paperwork lingers, the consequences can be far more serious than most people realise.
Every year in the UK, people who are separated but not legally divorced pass away without updating their will — or worse, without having made one at all. The result? Their estranged spouse, from whom they may have been emotionally and physically distant for years, legally inherits everything — including property, savings, and personal possessions.
One particularly shocking case involved a man who died unexpectedly, leaving behind an estate worth £322,000. He hadn’t lived with his wife in over a decade. They were separated in every sense but still legally married. Since he never updated his will — and hadn’t finalised a divorce — the laws of intestacy awarded the entire estate to his estranged wife. His long-term partner, who had cared for him in his final years, received nothing.
Here’s what you need to know:
1. Separation isn’t the same as divorce
Unless you’ve legally ended the marriage through divorce, your spouse is still your next of kin in the eyes of the law. Even if you haven’t spoken in years.
2. Dying without a will (intestacy) means the law decides
Under UK intestacy rules, your surviving spouse inherits the first £322,000 of your estate (as of current thresholds), and may also receive personal possessions and part of the remainder — regardless of how long you’ve been separated.
3. A simple will can prevent this
Making or updating your will puts you in control. You can name who should inherit, from children and stepchildren to a new partner or even a favourite charity. Without this, your assets could end up in entirely the wrong hands.
Protect What (and Who) Matters Most
If you’re separated but not divorced, the time to act is now. Updating your will is quick, affordable, and gives you peace of mind knowing your estate will go to the people you truly care about.
At Westfield Wills, we specialise in helping people protect their wishes — and their loved ones — from legal loopholes and heartbreaking surprises.
💬 Book your free consultation today and take control of your legacy before it’s too late.
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