Is My Will Still Valid After Divorce?

Is My Will Still Valid After Divorce?

Divorce is a significant life event that requires careful consideration of various aspects, including financial arrangements, property division, and childcare. However, one crucial element often overlooked in the aftermath of divorce is updating one’s Will. In this article, we will explore the importance of creating a new Will after divorce and the potential ramifications of not doing so.

Automatic Revocation on Divorce

In England and Wales divorce automatically revokes any provisions made in favour of a former spouse in a Will. This means that although the Will remains a legally valid document, any gifts left to an ex-spouse will fail as the Will is read as though the ex-spouse predeceased the testator (the person making the Will). Failing to update your Will after divorce may result in unintended consequences and your assets potentially passing to the wrong beneficiaries. For example, if your ex-spouse was the sole beneficiary within the Will, the gifts to your ex-spouse will fail and the rules of intestacy will dictate who inherits the estate instead. This could result in your assets passing to elderly relatives or people you have no relationship with.

Protecting Your Children

For individuals with children from the marriage, updating the Will is especially important. It allows for a re-evaluation of guardianship arrangements and provisions for the children, preventing a situation where the court must decide without the individual’s input. In cases where there’s disagreement with the other parent over guardianship, your Will provides an opportunity to express preferences and reasons for choosing a particular guardian that can be considered by the court.

Emotional and Sentimental Items

Wills are not just about financial matters; they also cover sentimental and emotional considerations. You can make provision for items with personal or sentimental value in your updated Will to ensure that they do not end up passing to the wrong beneficiaries.

Updating Your Will Before Divorce

It is also important to make sure the Will is updated before a divorce has been finalised. This is because, the above provisions regarding the automatic revocation of a gift to a former spouse only apply if a Decree Absolute has been granted. If the couple have started divorce proceedings but have not yet been granted a Decree Absolute when one of them dies, any Will they have made remains valid and gifts to their spouse will be upheld, even if contrary to the testator’s intentions.

It is therefore a good idea to review your Will as soon as the relationship breaks down and update the nominated beneficiaries and executors. This includes considering who will inherit your assets, manage your estate, and, if applicable, take care of your minor children. This will ensure that your wishes align with your current circumstances and relationships.

Seeking Legal Assistance

While updating a Will may seem straightforward, the legal implications can be complex. Seeking the advice of a qualified estate planning solicitor from our Private Client team ensures that your Will complies with legal requirements and accurately reflects your wishes. Legal professionals can guide you through the process, helping you avoid potential pitfalls.

Contact us

Updating your Will after a divorce is a critical step in ensuring that your wishes are upheld, and your assets are distributed according to your current circumstances. By addressing financial considerations, guardianship, and sentimental items, you can safeguard your legacy and prevent unintended consequences. Seeking legal guidance during this process provides peace of mind, allowing you to navigate the complexities of post-divorce estate planning effectively.

For support in getting a Decree Absolute, contact Rebecca Jones, Family Law Partner, via e. RebeccaJones@rixandkay.co.uk or t. 01732 440 856

For support updating your Will both before and after divorce, contact Rix & Kay’s Private Client department for further guidance.