wills & probate

Making or amending a Will if you are divorced

If you are separated, getting a divorce or recently divorced you may have overlooked updating, or even making a Will. It is easily done during such a stressful time in your life.

It is estimated that over half the adult population do not have a Will.

A Will is an important document. It ensures your wishes regarding your property and possessions (your estate) are clearly expressed.

It can also be a useful tax planning tool.

Review your Will

If you have separated or are getting divorced, it is wise to review your Will.

Many couples make Wills together, leaving everything to each other. That may no longer be how you would want your estate to be distributed.

What if you have not made a Will?

If you have not made a Will the Intestacy Rules mean that if you die prior to your divorce being finalised your spouse would still receive an inheritance from you. It is therefore advisable to make a Will setting out how you would like your estate to be divided.

If you are not married

It is particularly important to make a Will if you are not married or in a registered civil partnership in order to ensure your partner is provided for.

The law does not automatically recognise cohabitants as having the same rights as a spouse or civil partner.

Providing for children

A Will is vital if you have children or dependants who may not be able to care for themselves.

In the Will, you can name who you would wish to act as legal guardian for the children.

You can also decide who you would like to look after any money which is to be inherited by your children should they be too young to have that responsibility themselves.

Why Consult a Solicitor?

It is advisable to use a solicitor to prepare your Will as there are various legal formalities you need to follow to make sure that your Will is valid.

Also, a solicitor will be able to ensure your wishes are carried out exactly as you intended.

There are various organisations offering Will writing services. These should be approached with caution.

With such an important document nothing should be left to chance.

Keeping your Will up to date

It is essential to review your Will regularly and after any change in circumstances, i.e. marriage, divorce or having a child.

A solicitor can tell you what changes may be necessary to update your Will.

As getting married or entering into a civil partnership revokes a Will, it is important you speak to a solicitor prior to doing so.

Let us help you

If you have any questions or wish to arrange an appointment to make or amend a Will, please contact Sarah Mochan, Liam Wdowiak and Charlotte Fox on 0121 705 7571 (Solihull office) or Ruth Nolan on 01564 779393 (Dorridge office).

Further reading:

What is a Power of Attorney? (Wills & Probate)

Enduring Power of Attorney (Wills & Probate)

Lasting Power of Attorney (Wills & Probate)

This article is for general information purposes only. It does not constitute technical, financial, legal advice or any other type of professional advice and is no substitute for specific advice based on your individual circumstances. We do not accept responsibility or liability for any actions taken based on the information in this article. For more information, please click here.