What happens to your Will if you get divorced?
When you get divorced, it’s natural to think about what happens to your assets and estate. One of the most important considerations is your Will. What happens to your Will if you get divorced? Do you need to make a new one? And what happens if you don’t? In this blog post, we’ll answer these questions and more.
Does Divorce Mean My Will Is Automatically Revoked?
The short answer is no. Divorce does not automatically revoke your Will. However, it’s important to note that any gifts or appointments of executors or guardians to your ex-spouse will be invalidated upon divorce. This means that if you want to change your Will, you will need to do so explicitly.
Why Should I Make a New Will?
If you don’t make a new Will after your divorce, your previous Will may still be valid. This means that your assets could be distributed according to your old Will, which may no longer reflect your wishes. Making a new Will ensures that your assets are distributed according to your current wishes and circumstances.
What Happens If I Don't Make a New Will?
If you don’t make a new Will after your divorce, your estate may be distributed according to the rules of intestacy. This means that your assets will be distributed in a predetermined way, which may not reflect your wishes. For example, if you have children from a previous marriage, they may not receive the inheritance you intended for them.
My Will from Before I Was Married Will Just Then Be Valid
It’s worth noting that getting divorced does not affect any Wills made before your marriage. If you made a Will before you got married, it will still be valid after your divorce. However, it’s always worth reviewing your Will after any major life events, including divorce.
Can My Ex Make a Claim on My Estate?
Your ex-spouse can make a claim on your estate, even if you are divorced. This is particularly relevant if you have not made a new Will. If you want to ensure that your ex-spouse cannot make a claim on your estate, you will need to make a new Will that explicitly excludes them.
Can My Children Still Get an Inheritance If I Remarry?
If you have children from a previous marriage, you may be concerned about whether they will receive an inheritance if you remarry. The answer is yes – you can still provide for your children in your Will, even if you remarry. It’s important to update your Will to reflect your new circumstances and ensure that your children are provided for.
Do I Need to Provide for My Ex in My Will?
You are not required to provide for your ex-spouse in your Will. If you want to exclude them from your Will, you can do so explicitly. However, if you have children together, you may want to consider making provisions for them instead.
I'm Separated - Can I Exclude My Ex from My Will?
If you are separated but not yet divorced, your ex-spouse will still be entitled to make a claim on your estate if you do not make a new Will. However, you can exclude them from your Will if you wish to do so. It’s always worth seeking legal advice to ensure that your Will is legally binding and reflects your wishes.
In conclusion, it’s important to make a new Will after getting divorced to ensure that your assets are distributed according to your wishes. Failing to do so can result in your estate being distributed in a way that does not reflect your current circumstances. If you have any questions or concerns about making a new Will after getting divorced, it’s always worth seeking professional advice.