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Our Resolve. Your Resolution.
If you are in the process of getting a divorce, it is vital that you think about changing or making a Will even during divorce proceedings
This is because any existing Will you may have is unlikely to reflect your wishes during and after separation.
Even if you do not have a Will in place, it is important to have one preparers as the rules on intestacy are likely to mean that your assets pass to your spouse. Until Decree Absolute is pronounced (legally ending your marriage), your spouse may be able to automatically inherit from you and can act as your Executor even if you are separated.
In the case of jointly owned property, unless you ‘sever the tenancy’ this will go to the other owner irrespective of what is written in your Will.
Therefore, as soon as you feel the relationship has broken down, you are strongly advised to take advice upon your Will and estate planning.
Talk to Harrowells' Family Law Team to find out more about how a new or updated Will may be a sensible option for you.
Our articles are intended for general information purposes only and are not a substitute for professional advice tailored to your specific circumstances. We are always very happy to discuss any plans, issues or concerns you may have and to clarify how we might be able to help. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.
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