Divorce is a difficult and emotional process, and it's understandable that many people forget about the importance of updating their wills during this time. However, failing to update your will after a divorce can have serious consequences, and it's important to take steps to ensure that your wishes are carried out as intended. In this blog post, we'll discuss what to do about your will if you get divorced.
Why Update Your Will After Divorce?
When you get divorced, your former spouse's entitlement to your estate is usually revoked. However, if your will has not been updated to reflect this change, your ex-spouse may still be entitled to some or all of your assets after your death. This is because, under UK law, a will is still considered valid until it is officially revoked or replaced.
Updating Your Will After Divorce
The easiest way to update your will after a divorce is to create a new one. You can either create a completely new will or make changes to your existing will by adding a codicil. A codicil is a document that amends your existing will without revoking it entirely.
When updating your will after a divorce, it's important to consider the following:
Beneficiaries: You'll need to review your existing will and ensure that your beneficiaries are up-to-date. You may want to remove your ex-spouse entirely or reduce their share of your estate.
Executors: You may also need to change the executors of your will if your ex-spouse was previously appointed as an executor.
Guardianship: If you have children, you may need to review your guardianship arrangements and consider appointing a new guardian if your ex-spouse was previously appointed.
Trusts: If your will includes trusts, you may need to review these and ensure that they still reflect your wishes after your divorce.
It's also important to note that you should not wait until your divorce is finalised before updating your will. You can update your will at any time during the divorce process, and it's recommended that you do so as soon as possible to avoid any unintended consequences.
In Conclusion
Updating your will after a divorce is an important step to ensure that your wishes are carried out after your death. By reviewing your beneficiaries, executors, guardianship arrangements, and trusts, you can ensure that your will reflects your current circumstances and protects your assets. If you're unsure about how to update your will or have any questions about the process, it's recommended that you speak to a qualified solicitor for guidance.