Effect of divorce on your will

If your marriage ends in Divorce your will is not void or invalid.

What happens is that any gift to your former spouse takes effect as if he or she had died on the date your decree became absolute.

That means the gift falls back into the residue for the benefit of the residuary beneficiaries. But, if you had left everything to your former spouse, then the effect is as if you had died intestate and the rules of intestacy once again decide how your estate is distributed.

Similarly, if by your will you had appointed your spouse as an executor or trustee, the will still takes effect as if he or she had died on the date the decree became absolute.

Even if you had appointed him or her as trustee of a trust for the benefit of the children of both of you, or as a guardian of a child or children, the trust fails. That might not be what you want – although you are divorced, you may still like your ex-husband or ex-wife to be responsible for any children’s trust fund.

So it is best to make a new will immediately after your divorce, especially if your spouse or civil partner was a beneficiary or a trustee.

Don’t delay update your Will as soon as possible.
You do not have to await for the decree absolute.

Call 0161 771 2056 today

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