Few things cause more family tension after a death than the discovery of a secret relationship.

Whether it is a long-term affair, a previously unknown partner or a surprise change to a will, families often assume infidelity will have a major impact on inheritance rights.

The reality is usually more complicated.

Does infidelity change who inherits?

The short answer is no.

The law does not punish somebody for having an affair. A spouse's legal rights do not disappear simply because the relationship was unhappy or because another partner was involved.

Unless a divorce has been finalised, a spouse may still have significant rights in relation to the estate.

Why do affairs lead to probate disputes?

Whilst infidelity does not usually change legal rights, it often creates suspicion.

Questions that frequently arise include:

• Why was the will changed?
• Was somebody exerting pressure on the deceased?
• Were gifts made to a new partner?
• Were assets transferred unexpectedly?
• Was the deceased isolated from their family?

These concerns can quickly lead to challenges relating to capacity, undue influence or the validity of the will.

What happens when a secret partner comes forward?

This is often where disputes become particularly difficult.

A previously unknown partner may claim:

• They lived with the deceased
• They were financially dependent on them
• They had been promised financial support
• The deceased intended to provide for them in a will

For family members already dealing with grief, these claims can come as a shock and may trigger wider disputes about the estate.

Why are these cases so emotional?

Inheritance disputes involving infidelity are rarely just about money.

They often involve long-standing family tensions, competing relationships and disagreements about what the deceased really wanted.

The legal issues may be straightforward, but the personal issues rarely are.

Takeaway

Affairs do not automatically change inheritance rights. However, they often expose family tensions, raise questions about decision-making and create the perfect environment for probate disputes. It is often the secrecy surrounding the relationship, rather than the relationship itself, that leads to litigation.