Inheritance law and divorce =========================== ![Inheritance law and divorce](https://vardags.com/images/pictures/_360/e01fa9184970749d48b04bc20e52f92e.jpeg)When an ex-husband or ex-wife dies, make sure you check the grant of probate or letters of administration to see how much he or she was actually worth at the time of death. It may be that there are extra assets that you were not aware of at the time of divorce, so if you have been awarded maintenance based on the asset level at the time of divorce, you could claim more if these assets have substantially increased. Under the Inheritance (Provision for Family and Dependants) Act 1975, a spouse is liable to make reasonable financial provision for a spouse or former spouse who has not remarried. If you discover that there were assets passing under a will, or held in trust offshore or onshore, then you can claim for a higher portion of the estate than you were awarded on divorce. If you are still married to the deceased and you believe that you have been unfairly treated you can also bring a claim. The award that will be made should be similar to the award in a divorce, although the recent Lilleyman case has thrown some doubt on this (see *Lilleyman v Lilleyman (2012) EWHC 821 (Ch)*. Don't delay though, because you have only six months from the date of the grant of probate to bring a claim, although in certain circumstances it is possible to ask for an extension. "Ayesha Vardag - Britain's top divorce lawyer." ![The Huffington Post](https://vardags.com/images/logo/huffpost.png) "Ayesha Vardag - Woman of the Year"![GG2](https://vardags.com/images/logo/gg2-3.png) "Leading, Magic Circle law firm."Mr Justice Coleridge "A handful of firms dominate the so-called 'glamour' end of the market ... Vardags"The Times "One of the best divorce lawyers in the country"Marie Claire "Ayesha Vardag - 'diva of divorce' for the world's super rich" ![BBC](https://vardags.com/images/logo/bbc.png) "Dr Stephen Bence is a financial genius."Lewis Marks KC "Ayesha Vardag - the Queen of divorce"Daily Mail "Vardags brilliantly argued my case to a resounding victory"Pauline Chai (client) "Britain's top divorce lawyer" ![The Telegraph](https://vardags.com/images/logo/telegraph.png) More Divorce news ----------------- [Sharland v Sharland: Court of Appeal judgment](https://vardags.com/family-law/sharland-v-sharland-court-of-appeal-judgment "Sharland v Sharland: Court of Appeal judgment") [When it comes to divorce, who gets the family pet?](https://vardags.com/family-law/divorce-pets-chattels "When it comes to divorce, who gets the family pet?") [Inheritance law and divorce](https://vardags.com/family-law/inheritance-law-and-divorce "Inheritance law and divorce") [Shares or needs? How to decide on maintenance awards](https://vardags.com/family-law/shares-or-needs "Shares or needs? How to decide on maintenance awards") [Religious marriage and divorce: Judaism](https://vardags.com/family-law/religious-marriage-and-divorce-judaism "Religious marriage and divorce: Judaism") Articles by Christopher Hall ---------------------------- [Estate planning: How can I keep my pets safe after my death?](https://vardags.com/family-law/pets-charitable-trusts "Estate planning: How can I keep my pets safe after my death?") [Leaving your estate in trust to avoid family feuds](https://vardags.com/family-law/leaving-your-estate-in-trust-to-avoid-family-feuds "Leaving your estate in trust to avoid family feuds") [Inheritance law and divorce](https://vardags.com/family-law/inheritance-law-and-divorce "Inheritance law and divorce") [What will happen to my shares if I die intestate?](https://vardags.com/family-law/company-shares-intestacy "What will happen to my shares if I die intestate?") [Trusts (Capital and Income) Act 2013](https://vardags.com/family-law/trusts-capital-and-income-act-2013 "Trusts (Capital and Income) Act 2013")