Why Updating Your Will After Major Life Events, Like Divorce, Is Crucial

Many people don’t have a Will or have a Will and don’t review it regularly. A fit and healthy person may not think much about this but it becomes increasingly important when you purchase your first home, marry, have children and go through all the other life events that happen. This includes separation or divorce.

When a couple separates or divorces there is a lot to sort out and a Will may be the last thing to think about when you are trying to resolve this life changing situation. It is, however, very important to ensure that at all stages in life you have a Will that reflects what you want to happen to your property, savings and other assets when you die.

Marriage automatically revokes a Will. When you marry you need to have a new Will drafted or prior to marriage have a Will made in contemplation of your upcoming marriage.

The effect of divorce on a Will is that it is not automatically revoked but if your ex-spouse is named as a beneficiary, executor or trustee they are treated as if they had died before you. This may mean that your Will is unworkable and your estate will be treated as if you did not have a Will (which is called “intestacy” i.e. there is no Will). The law relating to intestacy will apply in this situation.

What happens if you have a Will and die before the divorce is finalised

Your Will is still valid in the terms that it is written. If you have left anything to the person you are divorcing, they will still be a beneficiary. If they have been appointed as an executor or trustee, they will retain that role. No provisions will be made for your change of situation.

Whilst adult children or a guardian on behalf of minor children, siblings or other relatives may challenge the Will, that is a very costly process for those that are left behind. Costly in terms of expense and emotion at an already difficult time of life and a challenge may still be unsuccessful.

What happens if you do not have a Will and die before the divorce is finalised

If you do not have a Will and you are still married to the person you are divorcing, they will benefit under the intestacy laws if you die before you are divorced. That may not be what you would like to happen. You may have wanted your children or a close friend to benefit, no matter how big or small your estate is.

The person you are divorcing may still have the best legal claim to administer your estate. This means they could have full access to your financial information and control over how your assets are managed, including decisions about your funeral arrangements.

It is only the final order of divorce (used to be called the decree absolute) that dissolves your marriage. Until that order is made you are still married, even if the divorce proceedings are ongoing.

This is a subject that is not talked about enough, but we at Battens Solicitors Limited will listen and help you to put your affairs in order in the event that the unexpected should happen.

Speak to one of our team of specialists in the Family or the Private Client team by calling 0800 652 8373 or email [email protected].