An Essential Step to Protect Your Future

Divorce and Will Solicitors

Separation and divorce have a significant impact on your existing Will. Without an update, your assets could go to your ex-spouse. Our expert family law solicitors provide urgent advice on writing a new Will to ensure your wishes are protected.

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How Divorce Affects Your Will: The Critical Timing

Many people do not realise that separation and divorce affect a Will in two different ways. Understanding this timeline is crucial to protecting your assets and ensuring your wishes are followed.

The Risk During Separation

From the moment you separate until your Final Order of divorce is granted, your existing Will remains **fully valid**. This means if the worst were to happen:

  • Your estranged spouse could still inherit your entire estate.
  • They could be left in charge of your finances as the executor.
  • Your assets may not go to the people you would now choose, such as your children or new partner.

The Solution: A New Will

Creating a new Will is the only way to gain complete control and peace of mind during and after your divorce. It allows you to:

  • Appoint new executors you trust to manage your estate.
  • Ensure your assets pass to your chosen beneficiaries.
  • Set up trusts to protect your children's inheritance.
  • Provide for a new partner.
Draft a New Will Today
A Wildlings family solicitor providing expert advice on Wills and divorce proceedings

A Proactive & Protective Approach

We believe in proactive protection. As part of our comprehensive divorce service, we advise all our clients to update their Will at the start of their separation. It is a simple, affordable, and essential step to protect your assets and provide peace of mind during a difficult time.

  • Meticulous Drafting: Our private client solicitors are experts in drafting legally robust Wills that protect your wishes.
  • Integrated Advice: Our family and private client teams work together to ensure your Will aligns with your divorce settlement.
  • Fixed-Fee Service: We offer a clear, fixed-fee service for preparing a new Will, so you know the exact cost.
Get a Fixed-Fee Quote

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Questions About Divorce and Wills

What exactly does a divorce do to an existing Will?

Once the Final Order of divorce is granted, your ex-spouse is treated as if they had died on that date. This means any gift to them in the Will fails, and if they were appointed as an executor, that appointment is cancelled. The rest of the Will remains valid.

Why is that a problem? Isn't that what I want?

It can create unintended consequences. For example, if your Will left everything to your spouse, and then to your spouse's children if they died, your assets could go to your ex-stepchildren instead of your own family. A new Will ensures you control exactly who inherits.

What happens if I die without a Will after getting divorced?

If you die without a Will (intestate), your estate will be distributed according to a strict legal hierarchy. Your ex-spouse would not inherit, but your assets may not be divided in the way you would have wished among your children, parents, and siblings.

Take Control of Your Legacy

Don't leave your estate to chance during a separation or divorce. Contact us today for a confidential, fixed-fee consultation about creating a new Will.

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