During a marriage, many spouses create new Wills to ensure that their partner receives most or all of their assets. Marriage also nullifies any Wills made prior to the wedding or civil partnership.
When a marriage or civil partnership ends, does this nullify any Wills made during the relationship?
The simple answer is no. Any Will you create during your marriage remains valid after a divorce – which can present a number of problems to former spouses.
Rather than nullifying a Will, divorce leaves your existing Will in place, but your former spouse will be fully removed from the Will unless you make a new one.
This means that they will not receive any assets that you have left to them in the Wills, rather they may be distributed under the rules of intestacy – so they may be distributed to children or your new spouse, if you remarried.
They may also be removed as an executor if you have named them as the person to administer your estate.
This is because the law assumes that your wishes are no longer up to date if your Will names your former spouse as a beneficiary or executor after a separation.
It’s best to make a new Will when you get divorced.
You are allowed to name your former spouse in your new Will, as long as your new Will is valid and witnessed properly.
This is particularly important if you intend to remarry or enter another civil partnership. Under the rules of intestacy, divorced spouses or civil partners cannot inherit, and your new spouse will become your primary beneficiary (or sole beneficiary, depending on the value of your estate and whether you have children).
For example, you may wish to leave a certain asset to your former spouse that has sentimental value. This needs to be clearly outlined in a new Will.
For advice on divorce and your Will, please contact our team to discuss your needs.
