What happens to my Will if I get divorced?

Messy business – divorce. The Office for National Statistics reckons 42% of all marriages end in court. But there is some good news. The 90,871 divorces of opposite-sex couples in 2018 was the lowest since 1971. Still sad, though.

So what happens to your Will when the Decree Absolute drops through your letterbox? Funnily enough, the answer is nothing. We know that a marriage invalidates a Will. But ending a marriage doesn’t.

But there is one important caveat to that. Your former spouse is not allowed to inherit anything or act as an executor or trustee. In fact, from a legal point of view, he or she is treated as if they had died before you. And that could mean that the rules of intestacy come into force.

Separation is another matter. If you live apart, even if it has been for donkey’s years, you are still married and your spouse is entitled to inherit as set out in the Will. If you are planning to separate, it is best to update your Will now.

Make sure your Will is reviewed when you go through a major life change. Contact Heritage will Writing on 02380 879243.