It is crucial to update your Will when there have been any major relationship changes in your life, such as:
Unlike marriage, getting divorced does not automatically revoke a Will. However, the law does say that anything that was originally intended to be bequeathed to your spouse will no longer go to them and will instead fall into the residual estate for your other beneficiaries. If your former spouse was to be the only beneficiary of your Will and you do not update it, then the rules of intestacy will be applied and the law handles the distribution of all your assets and debts.
Similarly, if your former spouse was nominated to be the executor of your Will, then this nomination is cancelled as well.
This means that it is very important that you write a new Will to come into effect as soon as your separation is agreed. This is particularly important if your former spouse has been named as a beneficiary or trustee in the existing Will.
If you have stepchildren and you wish them to inherit from you, then it is important that you make special arrangements for this in your Will, because under the laws of intestacy which would apply in the absence of a Will, stepchildren are not recognised as natural heirs unless you have legally adopted them.
If you remarry but do not change your Will, then that Will does not hold any value from a legal perspective. The rules of intestacy will then be applicable on your estate which means that it could end up being shared out in a way you would not have chosen.
It is essential to review your Will on a regular basis and make the necessary changes to ensure that it keeps pace with your life and your intentions. If you are unsure about how any changes to your circumstances may affect your Will, then speak to one of our Will writing specialists.
