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do I need to change my will during AND after divorce?

(6 Posts)
jenny99 Fri 18-Oct-13 09:28:46

Any advice appreciated, thank you.

I have a written will, which is the same as my stbxh. Our money/assets go to each other, unless we die together in which case they go to the children, with our siblings (we each have one brother) as executors etc.

We are going through a divorce. I would not want anything of mine to go to husband, or for his brother to be executor of my will.

I will change this after divorce, but what happens should I die before the divorce is finalised?

Also, after divorce would the original will become null and void or do I need a new one to supersede it?

Thank you! x

BaDaBing Fri 18-Oct-13 09:33:40

You need to do a will now. Hugely surprised your solicitor hasn't discussed this with you!

Collaborate Fri 18-Oct-13 12:36:01

Marriage revokes a will. Divorce only treats the ex-spouse as if they pre-deceased you.

You therefore need to make a will on separation, but not on divorce (unless you've provided for the ex-spouse in your will, in which case you should make your will again after divorce).

If you own a property jointly you should sever the joint tenancy (if there is one) otherwise you won't be able to leave your interest in the property under a will, and on your death your share would go to the remaining owner.

Lonecatwithkitten Fri 18-Oct-13 12:40:43

Mumblechum wrote me a will that achieved this pre-divorce and would continue to be relevant post divorce too.

jenny99 Fri 18-Oct-13 13:13:09

Thank you all for your replies...I'd better go and find Mumblechum!

mumblechum1 Fri 18-Oct-13 17:59:06

This reminds me, the advert in Classifieds ran out yesterday and I need to redo it.

For some reason this happens on random dates without warning and I was caught out this quarter!

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