Statistically, the beginning of the year is the busiest time for divorce lawyers, so if you’re currently feeling the chill of a winter break-up, don’t forget to change your Will.

Many people wrongly assume a Will is invalidated in the event of divorce.  In fact, if you don’t change your Will when you split, legally it is still valid, although your ex-spouse will be treated as though he or she died on the day the decree absolute was granted.

This means that if your Will left everything to your spouse with no alternative beneficiary, you will be treated as having died intestate, and all the problems associated with that come into force for the ones you leave behind. 

If your Will named your ex-spouse as the sole Executor or Trustee of your Will, this could cause chaos when you die, as a new Executor will have to be found and this process can cost a small fortune in solicitors’ and Court fees.

In some cases, even though you’ve split, you may want your ex to be a Trustee – to safeguard your minor children’s interests for example, and look after any Trusts in their name. Unless you write a new Will that specifically states that wish, your ex might be barred from any involvement. 

On the flip side, if you would not trust your surviving ex-spouse to manage your minor children’s inheritance, unless you write a new Will appointing someone else to do it, your ex-spouse as their surviving parent, might be appointed by the Court to look after your children’s Trust Fund if they applied to do so. 

For people struggling with the breakdown of a relationship, re-writing a Will is often the last thing on their mind – it is very important though.  Heir Tight Wills not only help people put in place valid robust Wills, but also help keep them updated through changes in their circumstances, and we appreciate that often the circumstances that require a new Will to be written are tough…

…Generally though, it is a lot tougher for the people they leave behind, if they have not kept their Will up to date.

For a FREE Consultation to discuss writing or updating your Will & estate planning provisions, contact Rachael Rodgers on 0845 519 7585, or CONTACT US via email.