There are only limited circumstances in which an ex wife's claim under the Inheritance (Provision For Family and Dependants) Act 1975 is likely to be successful. If the Court made a Clean Break Order in respect of financial matters at the time of the divorce then the ex-wife would be prohibited from making a claim. You don't say whether any financial provision was made for the ex-wife when she separated from the ex husband or whether he provided her with ongoing maintenance.

The only ground on which an application may be based is that the will was not sufficient to make reasonable financial provision for maintenance earlier agreed at the time of the divorce. As the ex wife is obviously no longer married to the husband, reasonable financial provision means such provision that would be reasonable in all the circumstances for the applicant to receive for maintenance. The Court then has a range of matters it must have regard to in every situation. These are not the same as the range of matters the court must have regard to when deciding a financial settlement in divorce cases.

Should you wish an initial fixed fee telephone consultation with a legal specialist in this area of law to advise in your particular circumstances, please do not hesitate to call us on 0800 066 99 20.

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