BLB Solicitors
BLB Solicitors
  • Home
  • COVID-19 Hub
  • Services for You
    • Residential Property
    • Leasehold Property Rights
    • Property Dispute Resolution
    • Divorce and Family Law
    • Lifetime Planning and Wills
    • Probate and Estate Administration
    • Personal Injury Compensation
    • Medical Negligence
  • Services for Business
    • Commercial Property
    • Commercial Property Disputes
    • Company & Commercial
    • Estate Management
  • Locations
    • Almondsbury
    • Bath
    • Bristol
    • Bradford on Avon
    • Swindon
    • Trowbridge
  • About Us
    • Our Team
    • Working for BLB
    • How we work
    • Making Payments
    • Instructing BLB
    • Terms of Business
    • Complaints Policy
  • Blog
  • Contact Us
Divorce and Family Law Mar 15th, 2017

Death during divorce: the importance of reviewing your will

Are you going through a divorce?  If so, this post explains why you should definitely consider revising your Will.

Effect of divorce on existing Will

When a person marries, or enters into a Civil Partnership, any Will already in existence automatically becomes invalid. However the reverse does not happen when a couple divorces.

Once a Decree Absolute (or Decree of Dissolution in the case of a Civil Partnership ) is granted your current Will, i.e. a Will made before your divorce,  will still be valid.   A spouse named in your current Will, will be treated as if they had died.  This means that if they were named as an executor or Trustee this appointment will fail.  Any gifts to them will also fail and either pass in accordance with the alternative provisions in your Will or, if there aren’t any, by the Rules of Intestacy.

However before the Decree Absolute or Decree of Dissolution is issued your Will remains in place in full.

A cautionary tale

In a recent matter I dealt with, a couple were divorcing.  They already had a Decree Nisi issued by the Court.  Unfortunately before the Decree Absolute was granted, the husband died, leaving his previous Will in place. This Will left everything to his wife.  This meant that, despite the financial settlement of the separation being agreed, she then inherited everything including savings and the marital home in full.

In this particular case, the wife immediately agreed to waive her rights to the estate and her estranged husband’s family agreed to a distribution of the Estate on the basis of the agreed financial settlement.  However, there was nothing to stop her refusing to take just the agreed amount and walking away with the estate more or less intact.

The moral of the story is that, perhaps even more so when children are involved, it is essential you receive advice not only on your separation and divorce but at the same time on your estate to ensure your wishes are made clear.

Here at BLB we have divorce specialists and private client specialists who collaborate closely to ensure all our clients’ needs are met.

If you would like any advice on the issues raised in this article, please contact James Trescothick-Martin, Associate Solicitor in the Private Client department, or Sarah Jackson, Head of Family Law at BLB Solicitors in Bath, Bradford on Avon and Bristol, on 01225 462871.

 

Image by Cory Doctorow under a creative commons licence

 

BLB Solicitors
Make an Enquiry

Recent Stories

  • Assessing mental capacity during lockdown
  • Deed of Variation: changing a Will after death
  • What is the 7 year rule in Inheritance Tax?
  • Can a right of way be removed?
  • Charitable gifts and Inheritance Tax

Newsletter Sign-up

* indicates required

Share this article

You may also like...

  • Feb 10th, 2017
    Inheritance and Divorce
    Read Article
  • Apr 25th, 2017
    How much does a divorce cost in England and Wales?
    Read Article
View All Related Articles

Get in-touch today

Contact Form

Left Column

Right Column

Centre

 
Sending
  • Bristol

    0117 905 5308
  • Bath

    01225 462871
  • Bradford on Avon

    01225 866541
  • Swindon

    01793 615011
  • Trowbridge

    01225 755656
  • Almondsbury

    0117 905 5308
Authorised & Regulated by Solicitors Regulation Authority (No. 636644)
©2021 BLB Solicitors | Terms | Privacy | Legal