New will/house ownership during divorce

[Rainybo]

I'm currently waiting for my decree nisi and want to change my will. All I really need to put in it is for everything of mine to pass to DC and for my brother and SIL to be executors.

Do I need to pay for a will writing service? The divorce itself has cost me enough! I just don't want anything to go to ex if anything awful happened to me, especially as he thinks it should all go to him so that he 'can care for the DC' (which I don't buy at all).

I'm particularly asking as the house will remain in joint names for another 3 years. I'm aiming to change to tenants in common- I can just do this with form SEV with land registry can't I? Do I need to inform the mortgage provider?

Until the decree absolute, your husband would inherit your estate if you die, so to be super safe it would be sensible to make a will specifically excluding your husband. At the same time, you can appoint your executors. The will will remain valid after DA.

It would be sensible to also sever the joint tenancy at the same time. If your husband agrees to the severance, he countersigns the SEV form but if not, it's slightly more complicated as you have to prove that you've served notice on him.

I'm a will writer and normally charge £45 to sever a tenancy on notice, including the land reg search fee, but your divorce solicitor could also do that for you.

Thank you Mumblechum, I really appreciate the advice. I think that he will agree to severing the joint tenancy so should be straightforward.

I wasn't sure about the will as I saw a service offering two wills - one before DA and then amended after, so I got a bit confused about the validity.

Many thanks again for the advice