The act of marriage invalidates an existing Will, unless it was written in contemplation of marriage, as you have become a ‘different legal entity’.
Divorce does not have the same effect of invalidating a Will. Instead, your ex-spouse will be deemed to have ‘died’ on the date the decree became absolute, so they won’t be able to act for you or receive anything gifted to them in your Will.
However, if you don’t make a Will – or a new Will – after your divorce or better still on separation, there is still a chance your ex-spouse might end up holding the purse strings of your estate – which is probably not what you would have wanted.
The situation arises where you have young children together. If your previous Will appointed your ‘spouse’ as your only Executor & Trustee, there would be nobody left to administer your estate (put it through probate), and manage the resulting Trust Fund for your children. As their surviving parent, your ex- could apply to the Court to take on this role on behalf of your young children – and hey-presto, they have control of all your assets!
Likewise if you don’t have a Will, the Governments ‘Rules if Intestacy’ will determine who gets what when you die. If you are divorced, your children will be entitled to inherit your estate between them, and again, their surviving parent would be able to apply to the Court to manage their inheritance for them until they can inherit themselves at 18 – neither of which would be advisable!
Heir Tight Wills & Estate Planning Ltd are specialists in helping people with complex circumstances put in place robust estate planning provisions; including an up to date, carefully considered, professionally drafted Will, and Lasting Powers of Attorney in case of a loss of mental capacity.
For a complementary consultation and review of your existing Wills and estate planning provisions to ensure they are fit for purpose, contact Rachael Rodgers of Heir Tight Wills.
t: 0845 519 7585
m: 07902 433 775
