Solicitors Specialising in Wills and Divorce
Does Divorce revoke a will in the UK? No – divorce does NOT automatically revoke your Will.
But that doesn’t mean you should simply leave your well as it is – because divorce does have an effect. So, in the vast majority of cases, getting divorced means you really should have a new will prepared.
My Divorce Solicitor Tells Me I Need a New Will – Why?
Once you are divorced your Will is treated as though any reference to your former spouse is omitted. Almost certainly your existing Will refers to your husband or wife (spouse) in some way. Many couples have Wills that leave everything to each other. If you no longer wish your spouse to inherit, you must make a new Will immediately which confirms your new wishes.
Separation is a different time, which can have several legal consequences. That includes the effect your divorce has on your will. Relationship breakdown is also a good time to take a step back and consider the future. And in particular who you wish to inherit your estate.
Free Will Review
If you are getting divorced or going through relationship breakdown and you are not sure whether or not you need to update your Will, then take advantage of our free review offer.
And here at Bonallack & Bishop, that first phone call, is FREE. So Call Us Now on FREEPHONE 0800 1404544 or One of Our Local Office Numbers – or Email Us to book your FREE wills review appointment – with no strings attached.
Does separation alter or revoke my will?
Separation is a difficult time. And relationship breakdown is also a good time to take a step back and consider the future – in particular who you wish to inherit your estate.
But the important thing to note here, is that if you are still married then separation has NO affect on your Will. It remains valid entirely – that means that any gift or legacy to your ex-partner, if you’re still married, will still be valid. That’s only changes when your divorce Final Order comes through, or if you make a new fresh will.
What if I destroy my Will or I don’t have one?
If you don’t have a will, you should definitely get one. Why? If you dies Intestate (i.e.without a Will), then the Intestacy Rules will direct your assets in a set way.
Under those rules, if you are married with children, for example, your spouse will inherit all your personal effects, and at least the first £125,000 of your remaining assets (including your home). If your estate exceeds the this amount your children will take half and your spouse will have an interest in the other half. You must make a new Will to change this.
Does destruction revoke my Will?
Regardless of whether you are married or not, just destroying your current will does not invalidate it. Technically it is still valid. But destroying a will does, however, often make it more difficult to establish what the testator (the person making the will) really intended.
I own property jointly with my spouse – what affect will divorce have on my will?
Normally on death any joint assets pass automatically to the surviving joint owner irrespective of the terms of any Will you have signed. Therefore even if you has signed a New Will your house could still go to your spouse. This can easily be avoided by ‘Severing the Joint Tenancy’. Once the joint tenancy is severed you can leave your share of the house to the beneficiaries named in your Will.
Other joint assets as bank accounts can also be severed.
Click here to find out more about the differences between joint tenancy and tenancy in common
Does issuing a divorce petition affect my will?
Again, the answer is no. You are not legally divorced until the Final Order (previously known as the Decree Absolute) has been granted. Therefore until you have your Final Order, your spouse is still entitled to any gift under your existing Will. They will also be the main beneficiary under the intestacy rules if you die without a Will.
is the position any different if I’m in a civil partnership?
No – when it comes to the validity of your will, being in a civil partnership is a same as being married and getting divorced has the same effect as going through civil partnership dissolution.
I’m divorced, what should I do now?
Once you are divorced your Will is treated as though any reference to your former spouse is omitted. However, you still have the welfare of your children and any new family to consider. And here are just a few of the reasons why you need a new will
- Do you want to chose Guardians for your children if you die before they reach 18 years of age?
- Do you want your children to inherit at 18 years or when they are older?
- Do you have a new family to consider? They will not inherit anything from you unless you make a new Will specifically including them.
- Do you want to choose Executors to deal with your estate on your death?
- Do you want friends or charities to benefit from your Will?
Don’t delay – look at making your new will today
Approximately 70% of people are without a valid will, making it highly likely that their property will not pass as they would have wished if they should die. It’s also raises the possibility of their loved ones battling over a contested will. If you’re going through a relationship breakdown, make sure that you speak to your Divorce Solicitor about making a will or updating your existing Will.
Our specialist family law and private client teams based at our offices in Salisbury, Fordingbridge, Andover and Amesbury can help you through the legal maze.
Click here to read more about making or updating your will
