Viewers of Netflix’s The Four Seasons will have followed the emotional fallout of Nick’s sudden death and the complicated situation he leaves behind.
The second season of the hit comedy-drama has been praised for its sharp, often poignant exploration of midlife relationships, where love, loss, and life changes collide in ways that are both funny and deeply uncomfortable.
Beneath the picturesque settings and quick-fire dialogue lies a much darker reality: relationships unravel, people move on, and sometimes life simply doesn’t allow loose ends to be neatly tied up. That is exactly what happens here.
At the time of his death, Nick had separated from his wife, Anne, and begun a new relationship with Ginny, who is pregnant with his child. However, crucially, the divorce had not yet been finalised. As a result, Anne remains his legal spouse, while Ginny, despite being pregnant with his baby, is left in a far more uncertain position.
Although this may seem like a dramatic television storyline, it reflects a situation that arises more often than many might expect.
When relationships break down, but the legal process has not caught up, the consequences of death can be significant.
So what happens in England and Wales if someone dies before their divorce is finalised? Our Contentious Probate team explain.
The Impact of an Unfinished Divorce
In legal terms, until a divorce is finalised, the marriage continues to exist.
In practice, the surviving spouse retains a privileged position.
They may still inherit under the terms of a Will and, in the absence of one, will benefit under the rules of intestacy.
The law does not take into account the fact that a relationship may have effectively ended in all but name.
By contrast, a new partner, even one expecting a child, has no automatic entitlement to the estate.
As The Four Seasons illustrates so well, personal reality and legal reality do not always align, and this disconnect is often at the heart of disputes.
Can a Partner Like Ginny Bring a Claim?
While the position for unmarried partners can seem harsh, there are potential steps that can be taken to protect their position.
A claim may be brought under the Inheritance (Provision for Family and Dependants) Act 1975, which allows certain individuals to seek “reasonable financial provision” from an estate if they have not been adequately provided for.
For someone in Ginny’s position, this could involve demonstrating financial dependence on the deceased.
The court will look carefully at the nature of the relationship, how finances were managed, and whether the deceased had assumed responsibility for the individual’s maintenance.
These cases are rarely straightforward. Much like the relationships portrayed in The Four Seasons, they tend to be complex, fact-sensitive, and shaped by competing expectations.
The Position of the Child
Ginny’s pregnancy adds an important legal dimension.
The unborn child may stand to inherit under the Will, depending on how it is drafted, or the intestacy rules if there is no Will.
Children of the deceased are also able to bring claims under the Inheritance Act, and this extends to children born after death.
If adequate provision has not been made either by the Will or intestacy, a claim can be pursued to ensure their financial needs are met.
The court has a wide discretion in these cases and will consider what is required for the child’s maintenance.
This may include housing, income, and longer-term financial support, depending on the circumstances.
Where there are competing claims, particularly involving a surviving spouse, the situation can quickly become contentious.
When Relationships and Reality Collide
One of the strengths of The Four Seasons is its unflinching portrayal of how messy midlife relationships can be.
As the Guardian review puts it, “this is a world where people who care deeply about one another can still want fundamentally different things, and where decisions made in one phase of life can have unintended consequences in another.”
That same tension plays out in inheritance disputes.
A legal spouse may have a strong claim, despite the relationship having broken down.
At the same time, a new partner and child may have genuine financial needs that have not been addressed.
The court is left to weigh these competing interests, often in emotionally charged circumstances.
It is in these situations that contentious probate claims most frequently arise.
Lessons to Take Away
If there is one clear takeaway, it is that life changes faster than legal arrangements.
Separation, new relationships, and the prospect of children are all moments that should prompt a review of your Will and financial planning.
Without this, there is a real risk that your estate will not be distributed in line with your wishes, and that those closest to you will face uncertainty, or even dispute, after your death.
As The Four Seasons reminds us, even in the most carefully constructed lives, things do not always unfold as expected.
Contact Our Contentious Probate Team
If you believe you have not received reasonable financial provision from an estate, or if you are concerned about your position following the death of a loved one, it is important to seek legal advice as soon as possible.
Our Contentious Probate Solicitors can guide you through your options, assess the strength of any potential claim, and help you resolve disputes effectively.