Changing your Will after Separation

August 29, 2016  |   Posted by :   |   Uncategorized

wills and probate

It’s important to keep your will up to date to reflect your changing circumstances during and after the separation process. Until you have a decree absolute, you are still a married couple from a legal point of view, and inheritance laws will treat you as such unless you specify otherwise.

Without a will, intestacy rules state that your estate passes to your spouse, even if you are going through the separation process. If you have children, the first £250,000 of your estate will go to your spouse, and the rest will be divided equally into two parts – one half going to your children, and the rest to your spouse.

Your updated will may cover the following:

  • Removing your spouse from your will (unless of course you still wish to bequeath assets or personal items to them);
  • Increasing the amount received by your children;
  • Including a new partner, step-children, extended family members or other beneficiaries;
  • Detailing your wishes for guardianship of any dependents;
  • Naming a new executor to handle your financial affairs after you’re gone.

Making a will should be fairly straightforward with the assistance of an experienced solicitor, and may help to give you peace of mind as you go through the process of separation.

The wills and probate team at Frances Lindsay & Co work closely with their colleagues in the family law department to ensure that your legal issues are taken care of in a way that suits your unique circumstances. For more information, please contact us at to make an appointment – we have offices in Beaconsfield and Maidenhead and also have meetings rooms available in London. Speak to one of our friendly, down-to-earth solicitors and let us take the weight off your shoulders.



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