This is just a very quick blog this week. Having had a conversation with a new business contact, and noting her confusion as to why a new Will is needed on divorce. I decided to again alert everybody as to why when divorcing you should always re-write your Will.
I have of course highlighted this before. If you are going through a divorce you do not want your soon to be ex-spouse inheriting your assets. More importantly the view you would have of other people you know through your former spouse (in-laws and your spouse’s siblings) will also change.
In many cases it might even be appropriate to do 2 Wills during the divorce process! The reason for this is as follows:
• It takes quite a long time to go from instructing someone to set the divorce wheels in motion to obtaining your Decree Absolute. The time between the start and the finalisation process should therefore be covered by a “holding” Will.
• Once everything is finalised and the money side (known as Ancillary Relief) has been organised. Then a further and final Will should be prepared. The reason is that each party to the divorce is then fully aware of his/her financial position.
Divorce is one of the most stressful times in your life. Think therefore of re-writing your Will as part of the process. By viewing it as part of the process, it can also be part of the process of moving on. If you want further advice please contact me.