With January notoriously known as the busiest time of year for divorce lawyers and with no-fault divorce set to be implemented in Autumn 2021, Solicitor, Eleanor McCabe, explains why your Will should always be reviewed  if you are considering divorce or remarriage.

“Most people are aware that they should make a Will but often overlook the need to review it, especially when their life changes in a big way”, explains Eleanor.

“If you divorce your spouse or your civil partnership is dissolved, your Will remains valid. It’s a common misconception that divorce revokes a Will.

“Instead, any reference in your Will to your former spouse or civil partner is read as though they have died. This can cause havoc after your death, as there will be gaps in the Will, which could lead to issues with the appointment of executors, unexpected Inheritance Tax consequences or the distribution of your estate generally.  

“Your Will remains valid until the decree absolute or final dissolution order has been granted. So, if you are starting divorce proceedings but die before they have been finalised, your Will may still benefit your former spouse or civil partner entirely, which may not be what you had intended. You should also consider severing the title to any jointly owned assets if you do not want your former spouse or civil partner to inherit them automatically by survivorship.”

The effects of remarriage should also be considered when thinking about estate planning.

“Unlike divorce, marriage does revoke a Will. So, if after you make a valid Will and later remarry, you could inadvertently be left with no Will at all, as the remarriage would have revoked your Will”, warns Eleanor. Legal advice should be sought to ensure that your new Will is drawn up in a way which will not be revoked by your remarriage.

“In addition to this, if you have children from a previous relationship, you might want to consider incorporating a trust into your new Will, to protect part of your estate for them, rather than leaving everything outright to your new spouse or civil partner. Open conversations should be had with each other and with a legal professional to ensure that whichever route you take, your Will benefits exactly who you intend it to and is as tax efficient as possible.” 

If you would like any further advice on a broad range of estate planning matters including the preparation of Wills, Lasting Powers of Attorney and Estate Administration, a member of the Private Client team can be contacted on 01843 234000.