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Why should I change my Will after I divorce?

May 9, 2016

 If you’ve made a Will already, you are one of only 30% of the UK population, which is a great start to protecting your wishes after you’ve died. But if you’ve recently got divorced you should be aware that this has some implications on the Will you’ve already made.

You remain technically married until your Decree Absolute is issued. Therefore if you are facing a long divorce, you may want to change your Will before you receive the Decree Absolute. This will avoid your ex-spouse benefiting from the estate. If you don’t have a Will, the rules of intestacy will apply. These rules decide who inherits from an estate where there is no Will so your ex- spouse could effectively inherit from your estate until such time as you receive the Decree Absolute.

 You should also be aware that your property may be owned as joint tenants. If this is the case, and you die before you divorce, your ex-spouse will automatically get your share of the property. You can avoid this by ending the joint tenancy and becoming ‘tenants in common’. This allows you to leave your share of the property to whoever you choose.

If you are entering into a new relationship, your Will should reflect this and you should ensure that your wishes are adhered to.  It is vitally important therefore that if you are currently going through a divorce or have recently entered into a new relationship you seek professional legal advice.

 You can call and speak to Gareth Horner, our specialist Private Client Solicitor on 01264 325834 or by email: ghorner@bsandi.co.uk   and he will be happy to help.


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