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Divorce And Making Your Will

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What happens to your Will if you get divorced or end your civil partnership?

When you divorce or end your civil partnership your former spouse/civil partner is treated as having died before you.  This means that they will not inherit anything from your estate unless your Will specifically states that divorce or dissolution of a civil partnership would not affect the gift that was detailed in the Will.

In addition, if you had named your former spouse or civil partner as an executor in your Will (ie the person who collects in all your assets, pays off your debts and distributes your estate) they will not be able to act as your executor once you are divorced or after you have ended your civil partnership. If you had appointed your ex as your sole Executor, without any provision for a replacement, this would have to be rectified upon your death,  which could cause delays and  unnecessary costs.

Making a new Will

Unless there is good reason to the contrary the best time to make a new Will is after decree absolute and after all outstanding financial issues have been settled. That is so that any future claim of an ex spouse can be properly quantified.

It is especially important to make a Will to ensure that your children are adequately provided for.

Divorce also affects guardian appointments in a Will. If the couple getting divorced have children together, and not from previous marriages, then the remaining parent shall continue to have parental responsibility for those children.  Further guardianship for children of previous relationships need to be considered carefully.

Next steps

For further information about making a Will, please contact a member of our Private Client department for expert and professional advice.

DIY Wills- A Risky Business

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A Will is one of the most important documents you will ever make but an increasing number of people are preparing homemade Wills, possibly in an attempt to cut costs. However, although DIY Wills could be relatively inexpensive, the legal costs involved to remedy their potential errors may well exceed the cost of a professionally prepared Will. Moreover, it may not be possible to rectify mistakes that are discovered after your death.

What are the dangers of a DIY Will?

Off-the-shelf DIY Will kits are often poorly completed, leading to confusion over what assets have been left and to whom. Common errors that can occur in the process of making a DIY Will include incorrectly signing or witnessing the Will, which renders the document invalid. Furthermore, a beneficiary can compromise their inheritance by acting as a witness.  Even if you successfully avoid these pitfalls and create a valid document using a homemade Will, there is always the possibility that your Will cannot be located when it is needed. By using a regulated Law Firm, not only can you be certain your Will contains your exact wishes and instructions, you can be confident your Will will be stored safely. Most law firms will allow you to store your Will in their strong room free of charge.

Are there any risks involved using a Will-writing firm?

If you choose to use a Will-writing firm over a solicitors’ firm, make sure it is regulated. A recent case in which an unregulated Will-writer was jailed for 14 months after fraudulently charging clients to fix a non-existent problem with their Wills, highlights the dangers of using an unregulated body.  The cost of a professionally written Will includes the advice given by a solicitor, who is subject to regulation by the Solicitors Regulation Authority, unlike many Will-writers who are not legally qualified or governed by regulation.

Further, there are possible hidden charges that could apply if your Will is retained by the Will-writing firm.  Some such firms have dissolved without trace.

Who is at risk?

Everyone is at risk of being persuaded by salesmen offering to write Wills at low prices but then to establish Trusts at greater costs which may be unnecessary.   It is the elderly who are frequently targeted by Will-writing companies who often apply high pressure selling techniques.

Our advice

Do not be tempted to cut corners when it comes to writing your Will. Doing so could result in high legal costs or, at worst, an invalid Will.  Seek the help of regulated solicitors and relax with the peace of mind that your wishes will be carried out.