Wills. And divorce

[christmasclean]

I'm currently divorcing. Am staying in and paying mortgage on co owned house 4 years until youngest leaves college. I had no previous will but do remember the mortgage including that the estate would be left to each other in the event of our deaths , we were not married at time of purchase. I am confused about if I need to write a will now or just leave things ? My solicitor advised me on this months ago but it left me more confused and I can't afford to speak to her about it at the moment I just need info about it really . We have two children together also.

November is free will aid - lots of solicitors will write you a will for free.
Or you can buy a kit from W H Smith for around £15 I believe.

I would absolutely do this, even though you don't necessarily know the value of what you have. But you do need a document that states clearly that you want the value of your estate to go your DCs (or whoever you choose).

Oh THANKYOU I will look into this

I have a vague recollection that after decree absolute it is wise to make new wills although some people make them whilst still married before then too.

Also if the house is in joint names as joint tenants you MUST now sever the joint tenancy so you hold as tenants in common. If you bought before you were married it is possible it is already tenants in common. Do check. You do not want to die and find because it is joint held as "joint tenants" (nothing to do with tenancies) then your half goes to him whom you may well hate and falls outside your estate. Tenants in common instead would pass to your spouse (so your husband until you divorce) or under your will if you have one. Also check any work life insurance or pensions are not in trust for him and change any trust forms which there are.

On divorce your will remains valid but is read as if the ex spouse has pre deceased. Sever your joint tenancy as above. You can find out if you hold the property as joint tenants or tenants in common for a fee of £3 on land registry website.