Divorce – How does this affect my Will?

Divorce - How does this affect my will?

Divorce, how does this affect my will?

Is my Will Revoked if i get divorced?

Getting divorced does not revoke a Will!

Will my Will from before I was married now be valid again?

If you had a will previous to marriage, this will not be able to now be used after divorce because legally the will was revoked when you became married.

Your current Will (made as a married person) remains valid, but if you were to pass away, then your ex spouse as per inheritance laws would be classed as having died when your marriage or civil partnership was legally ended.

This could create problems from an inheritance point of view, especially if your will does not state what should happen if your ex spouse pre-deceases you. This could cause partial intestacy of the will or in some cases full intestacy, causing the estate to be declared intestate (no valid will).

The typical approach in partial intestacy cases is to distribute any assets covered in the will as instructed, while any excluded wealth (assets designated for the ex spouse) is distributed via intestacy laws.

Small caveat to the above: From the 6 February 2020, references to £250,000 in this flowchart shall instead be £270,000 due to an increase in the statutory legacy.

This can have a devastating effect on your estate and loved ones and could mean that certain individuals that you wanted to inherit, do not!

So if you are getting a Divorce & would like to know how does this affect my Will? Let us help you get your Will updated to reflect your new circumstances. It is quick and easy to talk to one of our expert will writers, either in the comfort of your own home or via telephone or video link.

Get In Touch