There are various options which are as are follows and should be their marital status as at the date of death.
Single #
Married or in a Civil Partnership: #
A Civil Partnership is a same-sex relationship that has been registered in accordance with the Civil Partnership Act 2004. A marriage is a legal ceremony conducted in UK under the Marriage Acts 1949, 1994 and The Marriage (Same Sex Marriage) Act 2013 or under legislation in any other country by the law applicable there.
Living with a Partner #
This is where the person who died was cohabiting with someone else but was neither married nor in a Civil Partnership.
Widowed or Surviving Civil Partner #
This may entitle the deceased’s estate to have and additional allowance of the ‘Transfer of Nil Rate’ Exemption which is up to £325,000. The following additional information will be required;
- Date and place of marriage of the person who has died.
- The date of death of the first spouse who died.
- Details of the Grant of Probate of the first spouse, together with the date and place it was granted.
Please Note: If you are unable to find details of the first probate, please visit https://probatesearch.service.gov.uk/#wills where you will be able to purchase a copy of the grant of probate a copy of the Will if there was one.
Divorced or a Former Civil Partner #
You will need to enter the name of the former spouse or civil partner, together with the date of the decree absolute and name of court.
Please Note: If you do not have the relevant information, then you can request this information by visiting https://www.gov.uk/copy-decree-absolute-final-order.
If a marriage or civil partnership is ended by divorce, and the Will had not been rewritten after the date of the divorce, the Will is not void or invalid, however, any gift left to the former spouse / civil partner takes effect as if he or she had died on the date the decree became absolute. This usually means the gift falls back into residue for the benefit of the residuary beneficiaries. If the deceased had left everything to the former spouse / civil partner, then the effect is as if the deceased had died intestate and the rules of intestacy will dictate how your estate is distributed.
Judicial Separation #
If a decree of judicial separation is in force when the deceased died, and the Will had not been rewritten after the date of the judicial separation, the Will is not void or invalid, however, any gift left to the former spouse / civil partner takes effect as if he or she had died on the date the decree became absolute. This usually means the gift falls back into residue for the benefit of the residuary beneficiaries. If the deceased had left everything to the former spouse / civil partner, then the effect is as if the deceased had died intestate and the rules of intestacy will dictate how your estate is distributed.