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Divorced – will my ex-spouse get anything in my Will

It is important to note that your divorce operates to treat your ex-spouse as if they had predeceased you on the divorce. That means they cannot inherit under any pre-divorce Will. However, it could mean that depending on the terms of the Will, your estate or parts of your estate may death with under the intestacy rules.

Regardless of what a Will says, your ex-partner may be able to claim on your estate but having an up-to-date Will after the divorce may help the executors of the estate deal with any such potential claims.

It may be that you do not want your ex-partner to inherit anything from you and that you still want them to be involved with your children and to possibly administer a trust fund on their behalf, in such an event, you will make a new Will after the divorce because of pre-divorce Will.

The safest thing to do, to achieve the outcome that you seek is to make a fresh Will quickly after your divorce.

Should you wish to review your current Will or discuss making any changes you can contact our Wills and Probate Solicitors in Enfield today on 02034173859 or complete our online form and will contact you directly.



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