Making a will: divorced but no financial settlement yet

[evasmith1912]

Divorced in July 2025 but ex husband dragging his feet on financial settlement. I’m living with (uni aged) children in the family home but am concerned that I don’t have a will. Should I go ahead and make one or wait?

It is important to always have a will. And whilst you are at it to update beneficiaries of insurance, death in service and pensions.

The divorce complicates things because your personal assets and share of joint assets will change before and after the settlement. There may be scope to write it in such a way to deal with that so you don’t have to change it again. It depends on how complicated your finances and divorce are.

Yes, write the will and if necessary you can amend it after the divorce.

But it might not affect you as much as you think it will because wills are ususally done on a percentage basis. For example, if you have 2 kids you would probably leave them 50% of your assets each - so it wouldn't make any difference if you suddenly got more or less assets if that makes sense.

As @zipadeedodahsays. No one knows what assets they’ll have when they eventually pass away. While often a percentage of your estate goes to X, Y and Z and specific bequests (engagement ring to my daughter), there’s also a letter of wishes, which allows flexibility (I’d like my dear friend Lucy to pick a favourite painting of mine to remember me by). Or desires about how the children should be educated etc.
So write your will, update it after your divorce if it requires it.

Writing a will was one of the first things I did on separating not waiting for divorce, if anything had happened to me i wanted my kids to inherit not my ex😬
I was under the impression that it was only marriage which would necessitate a new will not divorce..............and as that is never going to happen again🤯 the will still stands.

Thanks all- great advice. I’ll get onto it.