How Divorce Affects Wills

A HUSBAND and wife who divorce are each deemed to have died when their decree absolute comes through – as far as their former spouse’s wills are concerned.

That means he or she can no longer be a beneficiary of the will or act as a trustee or executor. If there were no other beneficiaries, the laws of intestacy would come into force. But that may not be what you wanted to happen to your worldly goods.

These laws only apply once the decree absolute has been issued. This is an important point because you may be separated and going through the divorce process but you are still legally married and, therefore, your spouse is entitled to whatever is in the will. And that may not be what you wanted.

The same laws apply to the ending of civil partnerships by decrees of dissolution and marriage annulments – which is where the wedding was not legal or if the marriage was void because it wasn’t consummated or you were drunk or forced into it or, on your wedding day, your partner already had a sexually transmitted disease or the woman was already pregnant by another man.

If you are planning to divorce or separate, update your will now. Ring Heritage Will Writing on 02380 879243.