Around 60% of UK adults haven’t made a Will and when you’re in the midst of such a challenging and unexpected life event such as a divorce it’s understandable that this sometimes slips off the radar. We see it all the time.
According to the Holmes and Rahe Stress Scale, divorce is the second most stressful event you can ever experience. In such a time of uncertainty making or revising your Will can be a positive affirming action which establishes your independence and ensures unforeseen problems are minimised
What is a Will? (we know you know, but just in case)
A Will is a legal document that outlines how you’d like your estate – everything you own, including money, property, and possessions – to be distributed upon your death. Without one, UK laws of intestacy decide where your assets go, which may not align with your wishes.
Updating a Will ensures that your assets are distributed according to your intentions, rather than relying on default laws that could conflict with what you’d have wanted, especially in cases where an ex-spouse stands to benefit.
Do I really need a Will?
YES. But the imperative depends on your circumstances…
If You’re NOT Yet Divorced and Already HAVE a Will
If you have a Will, it’s likely your soon-to-be ex-spouse is still named as a beneficiary or executor. Ask yourself: do you still want them to receive your assets or handle your affairs? While you may still be comfortable with this arrangement, it’s worth considering whether your ex-partner’s involvement aligns with your current wishes.
Updating your Will during divorce gives you control over who benefits from your estate and ensures your children, family, or others you care about are properly provided for, without your ex-spouse automatically inheriting. You can specify new beneficiaries, appoint trusted executors, and structure your Will in a way that best reflects new intentions.
If You’re NOT Yet Divorced and DON’T Have a Will
Without a Will, even while going through a divorce, your spouse retains certain legal rights to your estate. Under UK intestacy laws, if you die before the divorce is finalised, your spouse could inherit some or all of your assets, depending on the size of your estate. Drafting a Will now can address these issues by making it clear who should inherit and manage your estate, ensuring that your wishes are respected rather than default laws determining outcomes.
If You ARE Divorced and HAD a Will
In England and Wales, a divorce automatically removes your ex-spouse from any role in your Will, whether as a beneficiary or executor, unless you specifically state otherwise. While this can seem straightforward, it often means that other details in your Will, such as appointed executors or guardians, might need updating. If your ex-spouse was your sole beneficiary or executor, your Will could become partially ineffective or ambiguous, which can lead to delays or disputes in probate. Updating your Will ensures that all roles are filled by trusted individuals who reflect your current wishes and that your estate is distributed according to your current intentions.
If You’re Divorced and NEVER HAD a Will
If you’ve gone through a divorce and haven’t yet created a Will, it’s crucial to consider making one. With no Will in place, intestacy laws apply, meaning your assets will be divided among surviving family members based on standard legal rules. Your estate could pass to family members in a way that doesn’t reflect your preferences, possibly leaving out those you’d most like to provide for. Creating a Will now allows you to protect your legacy and ensures your estate is divided according to your specific wishes, whether that includes family members, friends, charities, or others close to you.
How do I go about sorting my will?
If you were going through a less legally contentious life event you might consider drafting your own will or employing a will writer to save time and money. However, divorce is a legal process so it’s sensible to err on the side of caution and employ a highly qualified expert. Engaging a solicitor ensures your Will is legally sound and addresses nuances related to your divorce. Solicitors are experts in estate law and can provide peace of mind that your wishes are accurately documented and enforceable.
Updating or creating a Will during or after divorce is not just a legal necessity—it’s a way to take control of your future. If you’re unsure where to start, one of our trusted legal professionals can guide you through the process, ensuring your estate reflects your wishes and provides security for your loved ones.
