• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Rewriting my will before my divorce is final

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Rewriting my will before my divorce is final

    I believe that upon divorce my will becomes invalid. The divorce should be final by the end of July but I am concerned that should I suddenly die before then, my ex will benefit unjustly as he will inherit the house which should go to my two children. If I change it now, will I need to do it again when the divorce is final?
    Tags: None

  • #2
    Re: Rewriting my will before my divorce is final

    I thought a will was invalidated on marriage, not divorce.

    Comment


    • #3
      Re: Rewriting my will before my divorce is final

      Effect of divorce on your will

      If your marriage is ended by a court order (like divorce or annulment) your will is not void or invalid.
      What happens is that any gift to your former spouse takes effect as if he or she had died on the date your decree became absolute.
      That usually means the gift falls back into residue for the benefit of the residuary beneficiaries. Of course, if you had left everything to him or her, then the effect is as if you had died intestate and the rules of intestacy once again decide how your estate is distributed.
      Similarly, if by your will you had appointed your spouse as an executor or trustee, the will still takes effect as if he or she had died on the date the decree became absolute.
      Even if you had appointed him or her as trustee of a trust for the benefit of the children of both of you, or as a guardian of a child or children, the trust fails. That might not be what you want - although you are divorced, you may still like your ex-husband or ex-wife to be responsible for any children's trust fund.
      So it is best to make a new will immediately after your divorce, especially if your spouse or civil partner was a beneficiary or a trustee.
      However, because your will does not become invalid at divorce, you can make a new will at any time after separation but before divorce so that these issues do not occur. You do not have to await the decree absolute.

      Comment


      • #4
        Re: Rewriting my will before my divorce is final

        Thank you - that's great news that I can get on with it now. I'll make an appointment with my solicitor asap

        Comment

        View our Terms and Conditions

        LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

        If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


        If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
        Working...
        X