22nd September 2021
When you’re going through the emotionally draining divorce process, your mind probably isn’t on how you should update your Will. Divorce proceedings can become complicated. It is understandable that you might forget about your Will entirely as you work towards finalising your separation.
However, if you find yourself wondering if you should change your Will following a divorce, the answer is unequivocally yes.
There’s a mistaken yet prevalent belief that getting divorced will automatically invalidate your Will. While some changes do take place, it is important that you revisit and update your Will to reflect your wishes, going forward.
In this article, we will explain why you should always change your Will following a divorce. As experts in Wills and Trusts, we know the consequences of forgetting this crucial step and want to help you avoid making this critical mistake.
Not Changing Your Will After Divorce Has Consequences
We advise clients to update their Will at the start of (or during) the divorce process or once it’s final. It can feel like a lot of work on top of everything else, but your lawyer can help you navigate the complexities.
If you choose not to update your Will, there will be new complications in executing your last wishes.
Before finalising your divorce, all appointments and gifts given to your ex-spouse will remain in place, including executorship and guardianship positions. Even if you separated many years before divorcing, these clauses will remain valid unless you have a decree absolute.
After you’ve received your decree absolute, however, your ex-spouse will be considered dead for the purposes of a Will.
Dying Before Finalising a Divorce
Because a divorce happens in steps, it isn’t recognised as final until you receive the decree absolute. Should you pass away before your new Will is finalised., the law will still recognise all appointments and gifts given to your spouse in your previous Will.
If you don’t have Will when you die, the intestacy rules will come into play but will act differently. Instead of going through your family, and if you don’t have children, the estate will go to your ex-spouse. If you have children and your estate is over £270,000, they will receive a share of your estate instead.
Therefore to avoid this complication it is crucial that you have a Will. Having a Will is the only method for ensuring your wishes are followed.
Ensure Your Future With Elizabeth Middleton Solicitors
To make sure your final wishes are recognised and honored, you need to review your Will regularly. Ideally, this should be done every three to five years so that it reflects any changes in your life.
At Elizabeth Middleton Solicitors, we can help you plan your future by writing and revising your Will, obtaining Probate, drafting Lasting Power of Attorney and Equity Release. Each of these processes poses its challenges, but our firm has the expertise and compassion to help.
Contact us to discover what we can do for your future.