In English inheritance law, the surviving spouse has a very strong position under inheritance law. A spouse is deemed to be anyone who was validly married to the deceased at the time of death, regardless of how long the marriage lasted. Therefore, no divorce decree must have been issued. However, the spouse's right of inheritance also ceases to apply if the spouses have been ordered to live separately by a court (seperation order).
The matrimonial property regime has no influence on the spouse's right of inheritance.
Non-marital partners have no statutory inheritance rights. However, they may have rights against the estate from the point of view of family provision.
If the surviving spouse inherits alongside the deceased's descendants, the spouse is initially entitled to all of the deceased's personal chattels. This includes all personal belongings (e.g. cars, household effects and jewellery) and a fixed sum as a statutory legacy. Currently (as of 2020), the amount of the statutory legacy is £270,000. If the estate is exhausted after this, the descendants receive nothing.
The remaining estate is divided into two halves. The descendants receive one half. Since 2014, the surviving spouse has received full rights to the other half of the estate. Under the previous law, the spouse was only entitled to a lifelong right of use.
If the deceased left no descendants, but instead parents, siblings or their descendants, the surviving spouse has received the entire estate since 2014.