Separating from your spouse – Is it time to update your Will?
31 Aug 2023
Whether a separation or relationship breakdown is intended to be short-term or a gateway to divorce; it‘s important to consider whether your will needs updating or even if it’s time you prepared one in the first place. While the reality is this is the last thing on your mind, it is worth making your will review a priority.
A Separation
While you remain married any references of gifts to a spouse will remain valid, whether that is your current intention or not, regardless of how long you have been separated.
In circumstances where you don’t have a will at all, your estate will pass under the intestacy rules and therefore your spouse would still benefit.
A Divorce
In the event you divorce, your will remains valid but any gifts to a spouse fail: as though they were deceased. That means your default or substitute gifts will apply; where provisions have been made. However, the inclusion of your ex-partner’s name may be enough to cause disagreement and confusion in the event your last will is relied upon.
If you are in a new relationship, consider making provision for your new partner. Co-habiting alone, even for a number of years, is not enough to ensure they are provided for from your estate. A partner to whom you are not married cannot automatically benefit from your estate.
It’s really important to remember that while your will is officially named your “last will and testament”, you are free to amend, update and rewrite your will as often and as regularly as you choose. It’s a personal and private document, and should be updated to reflect your current assets, relationships and circumstances as they change.