Divorce and Wills

General Rules

It is a good idea for everyone to make a Will. Only then are there clear instructions as to what is to happen to their worldly goods, namely property, money and interest in Trusts on death. If a person dies without making a Will, there is an intestacy and the estate of that deceased person is divided according to law. There is a pecking order - spouse (if married), children (if any), parents and then remoter relatives. The sum of money each is to receive is also stipulated by law. If the deceased is divorced then the former spouse would not be a beneficiary under the intestacy.

Many married people make Wills appointing each other as executors and leaving their estates to each other and then to their children on the death of the second spouse. It is sensible for Wills to be reviewed every five years or so to take account of changing circumstances.

The effect of Divorce

Any existing Will that you have made appointing your spouse as executor and/or beneficiary of your estate will be valid only until the final decree of divorce is pronounced (the Decree Absolute). After that the effect is as if your former spouse has died. He or she is cut out of your Will entirely and if you have not appointed another executor and if there are no other beneficiaries then your estate will be dealt with as an intestacy. It is essential therefore to make a new Will at the time of your divorce.

If you are separated but not divorced you should also consider making a new Will if you have left your estate to your estranged partner, particularly if you have severed the joint tenancy of any jointly held property.

A word on marriage. If you have been single and you marry, or you are divorced and you remarry, any Will made prior to the marriage will be invalid unless made in the expectation of marriage. You should therefore make a new Will to avoid an intestacy.

Please contact Michael Dew to make a new will.

Call Us on 01590 677888 or complete our Enquiry Form