Death during divorce

[TheChosenTwo]

I have no skin in the game here, I’m not a beneficiary (I don’t believe so anyway!)… but I admit I am curious.
What happens with death during a divorce? Decree Nisi had been issues (is that the right word?!) but not the decree absolute.
I do know that the spouse is NOT a named beneficiary in the Will but will they inherit the entire estate as they were technically still married at the time of death?

unlikely as their intention to divorce has been made clear, especially if they have moved house or sold assets to divide.

No, whoever is in the will inherits. Same as always. There is no right for a spouse to inherit if there is a will in place (although they may be able to challenge the will in limited circumstances.

For the pension scheme I administer we would still pay a spouses pension as they are still the spouse.

Unless the marriage is after the will i think? Will check

This:

My father died during divorce proceedings. He had written a will saying his wife wasn't to get anything. Scots Law says you can't disinherit a spouse (or children, I believe). She did inherit cash and assets and also got a sizeable pension. She didn't get the house which was sold and shared amongst children.

Wow some interesting sides here, thank you for responding. Death can be so very tricky can’t it?
probate solicitors will be involved, what actually is probate?! I don’t know what it means. So much terminology that goes over my head 🥴😳

The correct answer is that the surviving spouse would have a claim against the estate under the Inheritance Act. The settlement they get from the estate should be similar to what they would have received in divorce.

Probate is the process of administering a dead person's estate.

The will stands, even if no divorce the will stands, it can be challenged in court but there is no legal requirement to give your worldly goods to your spouse.

Yes, the will stands (unless you are in Scotland where it is not possible to disinherit a spouse), but the surviving spouse would have a very strong claim against the estate.