WHY A WILL IS IMPORTANT IN A DIVORCE OR SEPARATION

You may have already made a will but if you’re going through a divorce or separation then everything changes and it is really important to change your current will. If you do not yet have a will then it is just as important to make one to ensure that your separation or divorce doesn’t influence what happens to your assets.

1. Separation Means Change is Needed

If you have separated from your partner but haven’t changed your will to effectively cut your ex partner out then they will still get anything stated in your will regardless of your separation because unfortunately separating from a person does not have any effect on your will. This means that remaking your will should be an important priority if this does happen, especially if you don’t have a will at all, you should consider making one as soon as possible.

2. Divorce Can Be Tricky

Although getting a divorce does not automatically revoke your will, it does mean that your ex partner won’t be able to benefit from it. However, it is still important to change your will so you can reallocate exactly who you wish to be benefitted and ensure that your ex partner is cut out completely. Particularly if you have any children from your former relationship, you can ensure that they are provided for excluding your ex partner, if this is what you want of course. You may still have a friendly relationship with them however and merely want to lower the amount that they receive.

3. Getting Remarried? A New Will Is Needed

If you’re going to get married again you must be aware that this revokes any previous will you have made, unless it specifically states within your will that it was made in consideration of your marriage. This means that following a marriage, making a will is one of the many important things that you need to be thinking about, regardless of whether you have previously made a will or not.

4. Cohabiting With No Plans to Marry

There are many couples that don’t want to remarry following a divorce and simply live together as common law husband and wife. It is really important if you are unmarried and living together that you make a will that provides for your partner because the law does not provide the same benefits to unmarried couples as it does to those who are married and your partner could end up with nothing unless you include them in your will!
Making a will is highly important and should be a high priority to ensure that your money and possessions are distributed as you wish and you can rest knowing that the right people will be supported. This is especially important when separation, divorce, marriage and cohabitation are involved as things can get tricky if wills are not adjusted after such big changes.

Law for Life can help! With our fantastic experience in dealing with wills, we can easily sort your will out for you, just give us a call and we will do all the work or you can make a will online by visiting our will pages. If you need any advice, feel free to call us on 0800 3 10 11 12 for a no obligation chat.