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Am I entitled to a share of my ex-husband’s estate now that my maintenance payments from him will stop?

As his former spouse, you may be able to claim against his estate in court, on the grounds that his will does not make ‘reasonable financial provision’ for you. You need to act quickly as you must make your court claim within six months from the grant of probate.

You must not have remarried, and your claim will be blocked if your divorce was granted on the specific condition that you give up any such claim.

Your husband’s executors, or beneficiaries, could oppose your claim. There might also be competing claims for reasonable financial provision from your husband’s children or step-children, and anyone he was maintaining financially at the time of his death. If he remarried, there may also be a claim from his second spouse.

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