Divorce marks a monumental change in your life, and this has a direct impact on your assets
According to the Office for National Statistics, 42% of marriages in the UK end in divorce, and almost half of these break-ups occur within the first decade of marriage. Of course, nobody goes into a marriage hoping it will end, but it’s important to plan for every eventuality, and if you do find yourself facing divorce, it’s important to reassess your will once the dust settles.
With that in mind, we’re going to be looking at some of the most commonly asked questions regarding wills and divorce, to give you the information you need to make the right decisions.
Does divorce automatically revoke your existing will?
Despite what many people may believe, divorce does not automatically revoke your will, nor does it mean that any pre-marriage will you may have written comes back into effect. Your will remains valid, but your ex-partner is treated as though they have died and all reference to them in your Will is deleted. This occurs from the moment your marriage or civil partnership is finalised.
When you don’t have a will in place, the rules of intestacy come into effect. These rules will be used to dictate what happens to your assets, rather than following the instructions left in your will, so if you haven’t updated your will to reflect that you’re divorced, your estate may be divided up in a way that doesn’t match with your wishes.
Why should you make a new will after your divorce?
It’s important to revisit your will when any significant changes occur in your life, including a divorce. Making a new will after a divorce allows you to ensure that your estate is divided the way you want, and, if relevant, that your new partner is provided for. It also means you can make sure all your children are provided for.
Failing to update your will after a divorce could mean that, if there was nobody else other than your spouse mentioned, that your estate is treated as though you don’t have a will at all. There is also the possibility that your ex-spouse could bring a claim against your estate for financial provision if eligible under the Inheritance Act. Having an up-to-date will in place allows you to plan ahead and set out who you wish to inherit. Taking the appropriate legal advice essentially puts you back in control of your assets and in a better position to mitigate the likely success of any potential claim in the future.
Is there will writing support available?
Support is available for anyone who needs to refresh their last will and testament following a divorce. Seeking out will writing support from experts can help ensure your agreement is iron-clad and tailored to your current circumstances.
Head of Wills, Probate and Trusts at Winn Solicitors, Rebecca Harbron Gray, explains the importance of effective will writing, saying:
“Many people avoid writing a will and making plans for death for many years because they think it is a morbid or depressing process. But the truth is often that, once complete, people get a sense of comfort and relief from knowing that they have done all they can to protect and care for their nearest and dearest.
“At Winn Solicitors our team has decades of experience in this specialist field of law and we know how to make it simple and stress-free – no matter how complex your estate or family situation.”
With a dedicated team of legal specialists in settling affairs, Winn Solicitors can help you create a will that offers complete peace of mind and security for your family, no matter what the future holds.
If you’re looking for expert will writing service, get in touch with Winn Solicitors today.