Separation and wills

[Ricardothesnowman]

If a married couple separate, can they draw up wills leaving assets to others, or does the marriage override that, as everything is still a joint asset?

For example, can I change my will to leave everything to our DC, and can he change his to leave things to his new GF?

We are not planning on divorce any time soon because I can't afford to buy him out of the house, nor could I raise a mortgage on my salary big enough to house me and the dc.

Thanks

You can change you will at any time to leave what you want to whoever you want. Even if you're married and still living together you don't have to leave it to each other. The only way marriage "overides" a will is that if you get married or divorced (not just separated) your old will is invalid and you need to make a new one.

Thanks. So does this mean that, for example, all the cash I have in the bank can be left to whoever I want. Its not counted as a marital asset and automatically half his?

Make sure your kids will get your half of the house should you die

On divorce, everything goes into the pot to be divided between you. However, if you die, anything that is in your sole name is yours. What happens to it is governed by your will, although, if you don't leave anything to your husband, he may be able to make a claim under the Inheritance Act. Joint assets such as a joint account would automatically become your husband's regardless of anything in your will. If your home is in joint names, what happens depends on how it is owned. If you own it as joint tenants, it would automatically go to your husband. However, if you own it as tenants in common, half of it would go into your estate to be distributed in accordance with your will.

Following on from the PP, if the house is owned as Joint Tenants you can sever the Joint Tenancy.

You can change your will at any time in England/Wales to leave your stuff to anybody,
BUT
if X and Y don't sort out the finances for the divorce (final financial order?) and then X dies, Y can sue X's estate, and if Y dies too then the estates can sue each other.
The expenses from this can eat up the whole estate, particularly if people arse around.

So for god's sake seek legal advice and follow it, which will include keeping your will up to date, and getting the divorce sorted asap including the financial bit.

Thanks everyone. I did change my will as soon as he left, but I wasn't sure if it actually held water of if the solicitor just assumed we were divorced, she didn't ask.