Going through separation and divorce is a stressful time with lots of things to think about. You might not have the headspace to consider your will, but it’s important to think about. Here’s how separation and divorce can affect your will and how you can protect yourself for the future.

How does separation and divorce affect your will?

While marriage automatically voids your existing will, divorce doesn’t. Instead, it treats your spouse as if they’re legally dead, meaning they won’t inherit under the intestacy rules or through your will. However, this only applies once your divorce is finalised. That means if you die when you’re separated but not divorced, your ex can still inherit. If that idea offends you, you must make or update your will.

At the same time, if they’re financially dependent on you, they could claim against your estate if you exclude them entirely. So it’s important to seek professional advice.

Update your pension provider

If you have a pension you may have named your spouse or civil partner your beneficiary. Your pension provider can pay out a lump sum or ongoing pension payments to your spouse. You’ll have completed a nomination form when you joined the pension scheme, so ask your provider to check their records, and update your death benefit nomination if you need to.

A pension is a discretionary trust; the trustees have the final say about where the money goes. In case of any disputes, it can help to write a letter of wishes confirming the reason for the change.

Check how you own your home

For most people, their home is their biggest asset. If you have children, you’ll probably want to ensure they inherit your share in your will. The first step is to check how you own your home. If you and your ex own your home jointly it may automatically pass to them under rights of survivorship. If you’d rather leave your share to your children, you’ll need to become tenants in common if you aren’t already.  This means you own a defined % of the property and can leave your share in your will.

This can be especially important if you have a blended family.

Arrangements for your children

Making arrangements for your children can be one of the most stressful aspects of divorce. You might be divorcing someone who has disappeared from your life, or maybe you left because of domestic abuse. You can name a guardian in your will to care for your children when you’re gone. However, if your spouse disagrees with your choice and still has parental responsibility, their preferences will be given priority. Only a Court can remove parental responsibility.

However, your will can let a Court know your wishes if arrangements haven’t been finalised and a letter of wishes can be helpful for your trusted loved ones who you want to care for your children.

Flexible arrangements

You can use trusts to give you flexibility, as making decisions in this situation can be hard.

If you’re currently going through a divorce, making decisions about your will can be tricky. You might be tempted to leave your will until your divorce is final and you’ve agreed on a financial settlement and arrangements for your children.

However, this may mean your ex inherits when you don’t want them to or could leave your children without their inheritance. Trusts can help protect your loved ones and give you some flexibility if your divorce hasn’t been finalised yet. We can guide you through the process.

If you’re divorcing or separating and want to write your will or create a Lasting Power of Attorney, we can help. Get in touch using the form below or call us on 0116 380 0752.