The effect of Divorce on Wills

If you are thinking of going through a divorce, have been divorced or are separated but legally married, it is important to consider what will happen to your Estate when you pass away and whether it is in line with your wishes.

What happens to my Will whilst I am waiting for my divorce to be finalised?

If you are currently going through a divorce and are waiting your divorce to be finalised, your existing Will is still valid. If you have appointed your spouse as an Executor and/or Trustee and they are a beneficiary in your Will you should consider doing a new Will to reflect your current wishes.

If you do not have a Will, your Estate will pass under the rules of intestacy which ultimately means your spouse will inherit most or all of your estate.

What happens to my Will once my divorce has been finalised?

Once your divorce has been finalised, your Will is still valid. However, your ex-spouse will be treated as though they have passed away. A divorce does not automatically revoke a Will.

If you have appointed substitute Executors and/or Trustees and have specified default beneficiaries, this will take effect.

What happens if I am legally married but separated from my spouse?

Your existing Will will remain valid if you are separated but legally married. Therefore, it is important to consider doing a new Will if your current Will does not reflect your wishes.

What happens if I remarry?

Marriage automatically revokes a Will unless the Will specifies that it is in contemplation of marriage.

If you are thinking of getting remarried or have remarried, you should consider doing a new Will.

For further advice and assistance please contact our Wills, Trusts and Probate team on 01604 828282 / 01908 660966 or email info@franklins-sols.co.uk