Welcome to the penultimate post in our blog series about writing your will for the life stage you are currently in! In this post we will be giving you tips on writing your will when getting divorced.
If you are in another life stage, take a look at our previous posts. If you are single without a partner, single with a life partner, married without children or married with children you can read the relevant posts by clicking the links. For a checklist on how to write your will in general, you can find that here.
Writing your will when getting divorced
The first thing you should know is that the Wills Act (the law that governs wills) states that if one party dies within three months of the divorce, the surviving ex is disinherited unless the will provides otherwise. If no adjustment is made and you do not pass away within the three month period, your ex becomes entitled to inherit again according to the provisions of the will.
If you foresee a bitter divorce, it would be wise to make the necessary adjustments to your will the moment it becomes clear that reconciliation is out of the question.
If, however, there is no animosity surrounding your divorce and you do not wish your ex to be disinherited, you need to make this clear. You must include the necessary provision that overrides the three-month revocation.
Despite what differences may be between you and your ex, it is important to work together to consider your underage children if you have any. Following divorce, you will need to make certain adjustments to your will. You need to appoint a custodian parent and provide for your children’s financial needs by means of a trust. It is also possible that you might have accrued debt (this is very possible considering you had to start out on your own again). If this is so, it is advisable to take out insurance to cover it. This provides another layer of protection to your children.
If you require any assistance regarding writing your will when getting divorced, please do not hesitate to contact us at [email protected]. Also, remember to subscribe to our blog!