Going through a divorce is often emotionally exhausting, and the unexpected loss of an estranged spouse can make an already painful process even more overwhelming and complex.
I recently acted for a husband in a divorce where the wife unexpectedly passed away during the proceedings. It had been a lengthy and acrimonious case, and the parties had been unable to agree how their finances should be divided between them out of court.
Financial proceedings were issued. In between the first and second hearings, the wife unexpectedly and unfortunately passed away. The death of a spouse ends financial proceedings and as the Final Order in the divorce had not yet been granted, the marriage had not ended.
In normal circumstances, the wife’s affairs would have passed under the terms of her Will. On investigation, it emerged that she had not made one prior to her passing, which meant that her estate would pass under the Intestacy Rules.
As the parties were still married, these rules meant that the husband became administrator of her estate as well as the beneficiary of her whole estate. Given the bitter end of their relationship and the tone of proceedings leading up to the wife’s death, this would not have been what she intended to happen.
Research by the Money and Pensions Service in January 2025 found that 56% of adults in the United Kingdom do not have a Will. Cases like this highlight the importance of making a Will and reviewing it regularly, especially when involved in significant life events, such as a separation or divorce.
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