Divorced and no will: are there any consequences?
You are newly divorced and moving forward with the next phase of your life. The last thing you might want to concern yourself with is yet more legal paperwork. But if the worst did happen and you were to die, are you confident you know what would happen to your assets and more importantly any dependents?
Had a will prior to the divorce?
You may not be aware but divorce has implications when it comes to a pre-existing will. For example, if you named your former spouse as a beneficiary in a will upon making your will prior to the divorce, the pronouncement of a decree absolute will revoke this provision automatically. Whilst in some cases this is appropriate, if you pay maintenance for dependent children your will may still need to take into account provision for your former spouse. If this is the case, you will need to take specialist advice.
New Partners
You may be in a new relationship and cohabiting with a new partner, in which case it is important to realise that should you die intestate (without a will), a new partner will not be classed as family if you are not married. This means the intestacy rules will not cover your new partner and they will be unlikely to be entitled to anything after your death. This could leave a new partner in a difficult position, especially if there is any animosity between your family and your new partner. If you want to ensure that a new partner and any children benefit after your death, it is vital that you revise an exiting will or make a new will.
You should also be aware that marriage usually cancels any previous will which could potentially leave you intestate should you die without making a new will or revising an existing will, so if you are thinking of remarrying you should also consider ensuring you update/revise your will appropriately. You may wish to seek legal advice to do this.
Make a will
Making a will needn’t be an expensive or drawn out process, but it is critical to ensure you do make one and keep it up to date, particularly after divorce, to ensure that your wishes are carried out after your death.
