Should I Amend My Will After I Divorce

If you have recently separated or divorced, you should be aware of the impact that this will have on your Will.

When you divorce (at the point that you receive the decree absolute), your ex-spouse is deemed to have predeceased you in respect of your existing Will.  This means that they will be unable to act as your Executor (the person legally appointed to administer your estate).  In addition, your ex-spouse will be automatically disinherited from your existing Will.

If your ex-spouse was appointed as the sole Executor and/or sole beneficiary under the terms of your existing Will, then your Will could become fully or partially intestate.  The rules of intestacy will therefore apply (the rules governing who shall receive your estate in the event that you die without a Will).  The rules of intestacy can be problematic particularly if you are both joint parents to young children.

It is critical to revisit your Will, and to consider estate planning when your marital status changes in order to ensure that your family are adequately protected.

Should you have any queries in relation to making a Will, then please do not hesitate to contact our Private Client Solicitor, Kathryn McCullough on 0207 703 5034 or at kathryn@meaby.co.uk