To prevent confusion or unintended transfers of assets, estate planning becomes crucial after divorce. Both parties should:

• Draft or update a will: Clearly state the intended beneficiaries of your assets. A will overrides intestate succession and ensures your ex-spouse does not inherit if that is your intention.
• Change nominations: For bank accounts, life insurance, provident fund, gratuity, and pension accounts—ensure that the nominee is updated. While a nominee is not always the final legal heir (especially under Hindu law), it simplifies the transfer process and avoids initial disputes.
• Mutual settlements: During divorce proceedings, spouses can enter into property settlement agreements outlining who will retain or forgo rights to certain properties or investments. Such agreements may prevent future litigation over inherited or jointly owned assets.

In joint family or ancestral property cases, particularly under Hindu law, an ex-spouse does not have any claim after divorce. However, children from the marriage retain their rights in ancestral property from the father’s side or the mother’s side, even if the parent remarries.

If the divorce is challenged or under appeal, the timing of death and finality of divorce becomes crucial in determining inheritance rights. Courts have at times allowed spouses to claim inheritance if the divorce was not finalized or was obtained through fraud or coercion and later set aside.

After divorce in India, inheritance rights of spouses end, while children’s inheritance rights remain protected. Legal clarity depends on personal law, timing of divorce, and proper documentation. It is advisable for divorced individuals to promptly update their estate documents to reflect their new legal and familial status, thus safeguarding their assets and intentions.