Will Validity after divorce ?

 
 

What we often get asked at the firm of Adel Jibs is what happens to my Will after divorce.

Does divorce in a marriage nullify a Will? or Is a Will still valid after divorce.

Divorce does not automatically cancel existing Will. Your current will remain valid until after the divorces is finalised. However, if former partner is named in the Will, they will be treated as if they died before you.  This simply means that any former partner will not inherit.

 

What happens to my will if my divorce is not finalised?

 
 

If you are going through the divorce process or are separated, the terms as set out in your Will remain until you receive the decree absolute from the court. ­­­­­­­

What this means is that anything gifted to your former spouse in your Will is still valid, unless you update it.

 

What if your former spouse is an executor of your Will?

 

Unfortunately, until your divorce is finalised your former partner continues to be the executor of your Will. However, once the court provides you with a decree absolute your former spouse position as executor is no longer valid.

At Adel Jibs we recommend updating your Will as a priority after you have been through a divorce or dissolution of partnership.

We know relationship breakdown is stressful and you would not be thinking about your Will, when you are having to deal with child arrangements and financial complications to resolve.

Get in touch with our Wills & Probate team at Adel Jibs & Co Solicitors if you need advice.

 
 

The information given here is intended for general information purposes only and should not be taken as legal advice.