If you’re getting divorced, or going through a separation, you really should be thinking about making a will (or remaking your existing will). Here are four good reasons why anyone going through separation and divorce should be thinking about making a will.
1. Divorce and the ex-factor.
Making a will allows you to say who you wish to support and protect with your life’s savings. If you have already made a will, your divorce does not alter the legal standing of your will. It may be that you feel that your ex is well cared for in their new relationship. If this is the case, you should be making a will that doesn’t include them. You may, however, wish to provide for children that you cared for or parented in this relationship.
Making a will allows you to say exactly who you wish to inherit, and how much you wish to give them.
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2. Cohabitation and a new start?
More and more of the population are choosing to not get married again after a divorce. Many couples are now living together as unmarried couples. This is often the case after one has been through a separation or divorce. But what many of us don’t realise is that the safety net that the law provides married couples is not automatically provided to unmarried couples. There is no such thing as a “common-law husband” or a “common-law wife”.
This is the cohabitation wake-up call: your partner could end up with nothing unless you make a will now. Unmarried partners, and the children they care for, will not necessarily inherit from each other, unless there is a will.
If you’re cohabiting with your new partner (i.e. you’re not married), you must make a will to ensure that they are protected.
Making a will can also be used to choose your children’s guardian and to ensure that the person you wish to look after them is nominated.
3. Making a Will and getting married?
If you’re thinking of getting married again after your divorce, you should be aware that a marriage effectively annuls any existing will you have made.
After a marriage any existing will is considered legally invalid.
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4. We all need a will! Make your will today!
We work hard all of our lives to ensure that we can protect and provide for ourselves and those we love. But a shocking 64% of us haven’t taken the simple steps involved in making a will to ensure that our money and possessions are distributed as we would wish. It really is so simple to make a will and you can do it from the comfort of your own home without the expense of a solicitor.
If you’re going through a divorce, you need to be making a will to replace your previous one. If you haven’t made a will yet, now is the time to start.