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Do I Need to Make a New Will Following a Divorce?

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Unlike marriage, divorce does not automatically invalidate your Will.  Instead, your Will remains valid but will be read as though your ex spouse has predeceased you.   

This could have serious implications on your estate, especially in the event that your Will does not include any substitutionary provisions to cover the event of spouse death and could result in partial or full intestacy.

The Intestacy Rules have a strict order in which your estate would pass:

Intestacy Rules

This order of benefit is inflexible and can unfortunately mean that the people who you would have wished to benefit from your estate may be overlooked or receive a lesser provision than you would like.

It is advisable to review your Will following divorce to ensure that it is still appropriate for your personal and financial circumstances and makes provision for those who are important to you.

Have further questions about drafting your Will? 

If so, get in touch with our Wills and Probate team at any one of our branches in Dewsbury, Horsforth, Selby, Wetherby and Wakefield.

Just call 033 0300 1103 to arrange your appointment or Request A Call Back from us instead by clicking the link below. 

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