Whether you are married or not, when a relationship breaks down it is always a tough time, with lots of decisions to be made.
When it comes to Wills, this is an area of law where married couples and unmarried couples are treated very differently.
This article will look at the best practices when it comes to Wills following a relationship ending.
Married Couples
For a married couple who get divorced, the final order or decree absolute cancels any reference to one spouse in the other spouse’s Will.
From a legal standpoint, the ex-spouse is treated as having died.
The rest of the Will still stands.
However, there is a serious risk for a married couple in the time between separating and getting divorced.
The rule above only applies when the final order or decree absolute is issued by the Court, which can be many months or even years after filing for divorce. Until then, if one spouse dies, the other spouse still inherits under the Will.
Unmarried Couples
For an unmarried couple, the position can be far worse.
As there are no divorce proceedings, there is no rule that cancels one partner from the other partner’s Will.
Unless a new Will is made, an ex-partner could still inherit decades after the relationship ended.
Most couples own property as “joint tenants”.
This means that if one spouse or partner dies, the other automatically inherits the whole property, even if the Will says something different.
This can be stopped by serving a formal “notice of severance” on the other spouse, which is then registered on your Deeds.
That converts the ownership to “tenants in common, " meaning you have a separate share, and your new Will decides who inherits that share.
If that severance is not done, your ex-spouse could inherit the whole property regardless of your wishes and regardless of a new Will.
Summary: What To Do With Your Will Following A Relationship Breakdown
So, what is the advice from me, as an expert in Wills?
It’s simple: if your relationship breaks down, whether you are married or not, make a new Will and get advice on property ownership.
Even if you are not sure what you will have to leave, we can prepare a simple Will to prevent your ex-spouse or ex-partner from inheriting.
If you have recently separated and need to make a Will, if you need advice on property ownership, or if you wish to review the Will you already have, why not book a free initial appointment with me?
You can contact me by calling Monan Gozzett LLP on 01903 927055, or by email to ssampson@monangozzett.com.
Appointments are available at our Arundel office, at your home, or by video call.
Please note that we are unable to offer free legal advice. Our client services team are here to take your case details and explain any costs involved
If you would like to speak to our expert legal team about this, or any related subject then please contact our team by phone on 0207 936 6329, Email or by completing our Quick Contact Form below.
Please note that we are unable to offer free legal advice. Our client services team are here to take your case details and explain any costs involved