Will For Divorced Parents

 

Writing a will is something we should all consider doing at some point in our lives. A Will is a legal document explaining your last wishes and can include who you would like to leave your assets to, what your funeral arrangements should be and also perhaps setting up trusts for loved ones to ensure their financial security or instructions to leave something to your favourite charity. When your circumstances change and you divorce or separate from your partner, you need to remember to change your Will, otherwise on your death, your ex-partner could receive everything you listed in your old will. In this article, Will for divorced parents, we take a look at these issues in more depth and describe the mechanism involved.

Free Initial Telephone Discussion

For a free initial discussion on how we can help you create your Will, 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 To Consider when changing your Will

When you split from your partner, it can be a good opportunity to take stock of what you still own. Although your divorce may have left you feeling as if you have very little left of material value, it is likely that you will still have assets. You need to ensure your Will is drafted to ensure your children are provided for from whatever is left of your estate. Remember that sentimental items can mean a lot to children so don’t forget to include these in your Will.

If you have property assets, ensure these are left to your children. If they’re under 18, the assets will need to be held in trust for them until they come of age. This also applies to other financial assets. By having these assets held in a trust, it will protect them from your ex-partner.

If the executor of your estate in your previous Will was your ex-partner, it would be a sensible idea to change this. If your children are over 18, you can appoint them as executors, although consult them first. Your solicitor will be able to change your executor for you.

Is there a recognised standard for writing a will?

In theory, you can write your will on the back of an envelope. However, as it is a legally binding document it must meet certain criteria. It needs to be witnessed and signed by two independent adults and dated. These witnesses cannot inherit anything from your will or benefit from your will in any way (although they can act as executors). Your Will should also name your executors, who are authorised to gather in your assets and divide them up according to your instructions. This process is known as probate. As long as the executor is not a witness, they can be a beneficiary of the will.

What should you include in your will?

Naming your executor is a good first step. This person will be responsible for winding up your affairs and ensuring the terms of your Will are adhered to. This person can be anyone you trust be it is prudent to select someone you think will probably out live you.

Your funeral arrangements are essentially the details of how and where you would like to be buried or cremated. You can go into any level of detail you like but whatever you choose make sure your family are aware that this information will be contained within your Will as Wills are often read after a funeral or cremation has already taken place.

Listing your asset. Remember, your assets (property, savings, pensions and other investments, cars, and other personal possessions ) may be different from the time you write your will to the moment you pass away.

If you have young children, you should name a legal guardian. This will be the person who looks after your children if you and the other parent die. Ensure you have spoken to this person in advance of including them in your Will as it is a serious commitment.

You should also include a list of the beneficiaries in your will. This list can be as long or short as you like and can include anyone you would like to leave something to including friends, families and charities. Be mindful that depending upon whom you leave things to, there will be inheritance tax considerations and also remember that because there are different ways gifts are made in a Will, there is an order in which they are paid i.e. some of the beneficiaries might not receive everything you were hoping they would receive.

How we can help

We have a proven track-record of helping clients draft their wills. This includes relatively straightforward estates but 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 your will especially so if you are divorced. 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.

Leave a Reply

  • Contact Us

    • This field is for validation purposes and should be left unchanged.
  • Latest Posts

  • Archives

  • Categories