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FAQs About Wills & Trusts – Is my Will still valid after my divorce?



In the fourth mini blog in the series of FAQs about Wills and Trusts, Rebecca Beresford, Partner in our Private Client team in Sherborne, explains whether a Will is still valid after divorce.

Divorce in itself does not invalidate your Will, however it may be sensible to review your Will at this time to see whether it still accurately reflects your wishes.

If your Will contains a gift to your former spouse then, following divorce, they will be treated as having died as at the date of the Decree Absolute. This means that the gift to them will fail. Unless your Will contains substitution provisions which provides for what should happen in this situation, then the rules of intestacy may dictate how your estate is distributed.

Similarly, if your Will appoints your former spouse as an Executor, they will be treated as having predeceased you and the appointment will fail. This could lead to a partial intestacy situation if your Will does not make provision for replacement Executors.

There may also be other matters to consider following divorce, such as whether your inheritance tax position has changed in light of the divorce.

If you would like to review your Will following divorce, please contact the Wills team in Sherborne on 01935 813 691.

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