Writing a will is something we should all consider doing at some point in our lives. When you marry, any existing Will is automatically revoked and becomes no longer valid. If you do not make a new one when you die the law of intestacy decides how your assets are divided. Usually, your entire estate would go to your wife, husband or civil partner. This may well be not what you want and accordingly, you should make a Will as soon as you marry or beforehand. If you find yourself going through a divorce, updating your Will may seem low on your priority list. However, if you want to ensure that your assets do not unintentionally go to your former husband or wife when you die, you must act upon this. In this article, making a will before divorce, we take a look at these issues in greater depth and describe the mechanics involved.
Free Initial Telephone Discussion
For a free initial discussion on how we can help you create your Will before an impending divorce, get in touch with us today. We will review your situation and discuss the options open to you in a clear and approachable manner. Early expert legal assistance can help ensure your final wishes are accurately recorded and also avoid the stress of dealing with these issues on your own. Simply call us on 0345 901 0445 or complete our online enquiry form and a member of the team will get back to you.
What should I consider when getting divorced?
As soon as you separate or make the decision to instigate divorce proceedings you should make a Will or update your existing one to reflect any change in your wishes. Your new Will should set out what your intentions are for your estate after your divorce. If, when your divorce is finalised, it turns out that the provisions of your new Will cannot be carried out, then your Will can be updated to reflect this. This could occur if part of the divorce settlement included handing over assets that formed part of your Will.
What happens if I die without a Will before my divorce is finalised?
If you die without making a Will, the Intestacy rules come into play. If you are married without children your spouse will receive everything. If you are married with children your spouse will receive all your personal belongings, the first £250,000 plus half of the remaining value. Your children will receive the other half when they reach 18 years of age.
The right of your former husband or wife to inherit under the intestacy rules applies even if, at the time of your death, you have separated from them and have commenced divorce proceedings.
What should I do about jointly owned assets?
As well as making a Will it is important to deal with any assets that you own jointly with your former husband or wife. This is because it is not possible for some jointly owned money or property to be passed under a will – instead, it automatically passes to the surviving joint owner when you die.
It is imperative that you seek expert legal advice when dealing with any assets that are held jointly together.
How we can help
We have a proven track record of helping clients draft their wills prior to their divorce. This includes relatively straightforward estates and also complex estates where assets are held all over the world. We will guide you through all the necessary legal due diligence in a comprehensive and timely manner. We firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting.
How to Contact our Wills and Probate Solicitors
It is important for you to be well informed about the issues and possible implications of writing or amending your Will prior to your divorce. However, expert legal support is crucial in terms of ensuring your final wishes are met as you would want them to be.
To speak to our Wills and Probate solicitors today, simply call us on 0345 901 0445, or allow a member of the team to get back to you by filling in our online enquiry form. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.
Disclaimer: This article provides general information only and does not constitute legal advice on any individual circumstances.
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