The effects of divorce and separation on your will

Making amendments to your will might not be at the top of your priority if you are going through, or recently have been through a divorce or separation.

However, it is important that you are aware of the effects that a divorce or a separation can have on your will, so that you don’t fall victim to the potential implications they have.

In this article, we take a look at exactly how your will is affected by divorce or separation and the consequences you could face as a result of not being aware of these affects.

To receive expert legal advice from the experts at Future Planning Solutions on any of your estate planning needs, give our dedicated team a call now on 01282 695 400.

How a divorce impacts your will

Regardless of your previous wishes, a will that you made prior to your divorce remains valid following a divorce. This can cause complications when it comes to the distribution of your estate.

Many married couples appoint one another as executors and beneficiaries in each other’s will, and when your divorce is finalised your former spouse will be completely excluded from your will whilst your other beneficiaries and executors remain.

This means that the estate which you had meant to leave your former spouse will now have nobody to inherit it.

As a result of this if you don’t make the relevant changes to your will this estate will be distributed according to the government’s intestacy rules, meaning you have no control over who receives it.

Furthermore, if your former spouse is given a gift in your will they are entitled to this gift until you are issued your decree absolute and your marriage is officially ended.

For these reasons, we advise that you create a new will as soon as possible after your divorce, particularly if your former partner was appointed as a beneficiary or trustee.

You can read more on when you should update your will here.

How a separation impacts your will

Upon separation, it is vital to remember that you and your spouse are still legally married and therefore no changes have happened regarding your will.

Because of this, your spouse still has the legal obligation to inherit under your will, regardless of the time you have spent apart. If this situation applies to you, we recommend that you draft a new will which best mirrors your new wishes.

Moreover, if you are in a new relationship following a separation form your spouse it is also important to consider drafting a new will that heeds your new responsibilities.

Contact our specialist estate planning solicitors now!

If you are currently going through a divorce or separation and need expert legal assistance on updating your will, Future Planning Solutions are here to help!

To directly speak to one of our dedicated estate planning team members, give Future Planning Solutions a call now on 01282 695 400.

Alternatively, if you can’t speak to us on the phone right now you can arrange for us to contact you at a more convenient time by completing our online contact form.