Posted by James McNeile, Partner
On 1 September 2016 Withy King LLP merged with Royds LLP. The trading name for the merged firm is Royds Withy King. All content produced prior to this date will remain in the name of the firms pre-merger.
Metro Report on Divorcees “risk all going to ex”
Royds Private Client and Family teams wish to clarify a report in this morning’s Metro under the heading ‘Divorcees “risk all going to ex”‘.
Those who are separating or considering divorce/dissolution of a civil partnership do need to review their Wills.
Before a divorce is finalised (upon issue of a decree absolute) your Will remains in full effect and therefore, if you were to die during the time you are separated from your spouse/civil partner, you risk your estate passing to your spouse/civil partner if your Will is made to that effect.
Once a decree absolute is issued or a civil partnership is dissolved the law operates automatically to exclude your former spouse/civil partner from benefitting under your Will, or from acting as executor of your estate. All other provisions of your Will remain valid but it takes effect as though your former spouse/civil partner died on the date the divorce/dissolution was finalised.
In order to avoid your estate falling under the Intestacy Rules it is important for your Will to contain substitute provisions, for example an alternative executor and a direction specifying to whom your estate will pass if your spouse/civil partner cannot benefit.
Please remember also that entering into a marriage or civil partnership automatically revokes any Will you have made. Again, in order to avoid the Intestacy Rules you will either need to make a new Will which makes reference to your marriage/civil partnership, or execute a document which ensures that your marriage/civil partnership will not revoke your existing Will.
Please contact the following for advice: