What Happens to Your Will When You Divorce?

Are you about to split from your spouse? If so you may be wondering what happens to your will when you divorce? Keep reading, as Prestige Tax and Trust Services answers your question.

What happens to your will when you get married?

A will is a legal tool which you can use to say what you want to happen to your estate (assets, money, property etc.) when you die. If you want to make sure that your estate passes on to those you love when you die you need to learn how to make a will.

Yet there are times when you may need to throw out your old will and write a new one. As Prestige Tax and Trust Services has already explained, one of these times is marriage. UK law dictates that when you marry your will is rendered null and void from the date of the marriage. This means that in most cases you’ll need to write a new will if you want to ensure your estate is inherited by your loved ones when you die.

Do you need to write a new will when you get divorced?

This may lead you to believe that you’ll also need to write a new will when you get a divorce but you’d be wrong. UK law treats marriage and divorce very differently.

Whilst UK law renders a will null and void on the day you get married, it doesn’t do the same when you get divorced. It remains valid. It’s also important to note that when a “decree absolute” (a court order which finalises a divorce) is made, it automatically revokes any provisions in your will that pertain to your spouse. The law treats your spouse as though they died on the day that the decree absolute was issued.

Why should you write a new will when you divorce?

This may lead you to believe that you don’t need to make a new will when the decree absolute comes through. However we’d still suggest that you write a new will when you get divorced. This way you can create a new document to reflect the changes in your life.

Say for example you named your spouse as the executor of your will. If you divorce, they’ll no longer be able to fulfil this obligation and you’ll be left without an executor to carry out the provisions in your will if you pass away. If you write a new will you can name a new executor.

Prestige Tax and Trust Services

It’s hard to write a will. That’s why if you’re looking to make a new will after getting divorced you should let Prestige Tax and Trust Services lend a helping hand. We have an experienced team who have the legal knowledge you need to write a will that’ll ensure your loved ones inherit your estate when you pass away.

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