Do you have a Will? If not, you should look to get one. Or, if you do have a Will, when was it last reviewed and updated?
Why is having a Will important?
Having a valid Will is very important for everyone, to ensure their wishes are carried out after their death in relation to the distribution of their estate.
For those with children, consideration needs to be given to the appointment of “guardians” who would care for the children if anything were to happen to the parents.
It is also important that any Will you have is regularly reviewed to keep it up to date with any major changes in your life – including divorce!
For more information on why having a Will is important read this article from the Will Aid website: Expert Advice On Why To Have A Will
When you were married.
If you had a Will whilst you were married, you and your spouse most likely left everything to each other by way of “Mirror Wills”:
“Many clients execute what are often referred to as “mirror” Wills – Wills which are nearly identical and which both leave assets to the same beneficiary or beneficiaries. The most common example of mirror Wills would be couples who leave everything to the survivor of them, and then to their children.” -Birketts Solicitors
Now you are getting a divorce.
Chances are that now you are getting divorced, the provisions set out in this Will no longer reflect your up to date wishes for your estate. You probably no longer want your soon to be ex to be the beneficiary of your estate.
A divorce doesn’t automatically invalidate your original Will, so you need to think about getting a new one put in place, to ensure the right people benefit from your estate.
Why is getting a new Will important now I’m getting a divorce?
You can read more information about the importance of having a new Will, once you are divorced in my blog. Just click on the following link: Why Is Making A Will So Important Now You Are Divorced?
Do I need to wait until I’m divorced to get a new will?
No, you don’t have to wait until you are formally divorced, before having a new Will prepared. Many people look to have the new one in place during the divorce process, to help protect their assets should anything happen to them, before the financial agreement is finalised.
A Wills specialist solicitor can provide you with more advice about how best to approach this and will need to know you are going through a divorce.
What do I need to think about when making a Will?
For advice from solicitors on what to consider when making a Will, read this article from the Will Aid website: Top 10 Things To Consider When Making Your Will
How can I get a new will?
Every November there is a great campaign run called Will Aid.
It provides the opportunity of getting a FREE will prepared by a specialist Wills solicitor and all they ask is that you provide a donation to the Will Aid campaign which benefits lots of very worthy charities. They suggest a particular donation amount which ends up being very cost effective for getting a new Will done…and you have the good feeling about having given to charity as well.
To find out more about Will Aid, click on the following link – http://www.willaid.org.uk/
Should you miss out on Will Aid, then your family law solicitor can refer you to their colleague in the Wills and Probate team who can take your instructions to prepare your new Will, or speak to me and I can point you in the right direction.
To discuss getting a new Will or any other issues regarding your divorce, please get in touch with me.
If you have found the tips in this blog useful then you will find lots more in my ebook “Tips for Coping with Divorce” which you can download here: free ebook.
By signing up you will also receive my monthly newsletter with more free advice on different aspects of divorce.