Does divorce invalidate an earlier will?

Divorce does not actually invalidate an earlier will. However, it does invalidate any parts of the will that purport to give your former spouse anything. Similarly, if you have named them as an executor of your estate, this will no longer be binding as they are no longer legally entitled to act in this role.

The consequences of failing to address these aspects mean that, once you are divorced, your will is still valid but any assets that you purported to give to your former spouse in the will simply revert back to the pool available for your other beneficiaries in the will. If, however, your former partner was the sole beneficiary under the will, then your will is invalid and you will be intestate.

If you die intestate, your estate will be distributed according to the rules of intestacy, which set out a strict hierarchy for who receives what. Similarly, if your former partner was named as the executor, the rules of intestacy will apply to determine who is responsible for administering your estate, usually your next of kin.

It is possible to specify in your will that you would like your spouse to remain as beneficiary even if you were to divorce in the future. However, you should be very careful about any such clause. Ensure that you receive legal advice from a wills and probate solicitor about the consequences of such a clause and how it must be drafted.

Remarriage will also have the consequence of invalidating any previous will, unless it was written expressly 'in anticipation of marriage'. Whenever any major changes to your relationship or financial situation are anticipated, seek legal advice from a wills and probate solicitor sooner rather than later to ensure your wishes are protected.

Article Source: http://casinoarticles.us

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