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Making a Will Online – Will Writing Services

Making a Will online is easy with our low cost Will writing services – Drafted by one of our Qualified Solicitors for a fixed-fee of Just £120 including VAT.

We deal with Wills for everyone, not just couples getting divorced!

What happens if you die without making a Will?

If you live in England or Wales and you die having not made a legally valid Will you are said to have “died intestate.” Your estate is then referred to probate court where the Crowns intestacy laws determine who will inherit your assets.

This generally means that if you have no living family members your property and possessions will go to the Crown.

Additionally, if you have children under 18 years of age, the court will make decisions about who will take care of the children and manage their finances, education and living arrangements.

By using our solicitor drafted Will Writing Services and making a legally valid Will you can specify your wishes and your executor will ensure they are carried out.

The content in this article will be mainly focused on the effect of divorce on Wills and not necessarily general advice about Wills.

What exactly is a Will?

A Will can be just for yourself or for you and your partner and is a legal document that allows you to declare what you wish should happen after you have passed away. By making a Will you can:

  • Appoint Executors – One or more people you trust to carry out the terms of your Will (an executor can also be a beneficiary)
  • Appoint Guardians – To look after your children if under 18 years
  • Name Beneficiaries – People or charities you want to benefit from your estate
  • Leave Legacies – Gifts of specific items or fixed sums of money
  • Create Trusts – To help vulnerable or disabled beneficiaries, protect your assets for future generations or protect against residential care costs
  • State Funeral Wishes – This aspect of your Will is only a statement of a wish and is not legally binding on your executors

Advice on Wills when going through divorce

Your Will deals with all assets that you possessed at the time of your death, not at the time you wrote your Will. So even if you feel that you have little to leave now, your financial situation could change considerably in the future. Particularly if you expect to pay off your mortgage, draw a pension or possibly receive an inheritance at some point.

Therefore making a Will could be the nicest thing you ever do for your family and friends.

However it’s advisable that anyone who has a Will changes it if they have become divorced or dissolved a civil partnership.

Online Will Writing Services – £120

Your personal Will is prepared and drafted by experienced and qualified family law solicitors and is a completely bespoke service, offered at a great price too. This is NOT a template will service.

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    Does divorce revoke a Will?

    No, divorce does not revoke a Will, furthermore, it also means that any Will made before you married does not come back into effect either.

    Although the Will of either spouse is not revoked, there is an important effect of divorce on the instructions contained in the Will. The former spouse of the testator (person making the Will) is treated as if they have died for the purposes of the Will.

    As such, upon divorce or the dissolution of a civil partnership your current Will remains valid, and your ex-partner is treated as if they had died for inheritance purposes.

    The deceased will be considered intestate, and their assets will be dealt with according to the Rules of Intestacy. In other words, any instructions in the Will to leave assets to a spouse or civil partner will be disregarded from the point at which the divorce comes into effect.

    Read more about Changing a Will After Divorce or Separation

    Rules of Intestacy on Divorce

    Under these rules any assets which would have been handed over to the former husband or wife are instead redistributed amongst the other beneficiaries of the Will, or according to any other instructions.

    Furthermore, if a former spouse is named as an executor or trustee in the Will, they will automatically be effectively ‘written out’ of the Will.

    If an ex-spouse was a sole executor, the court will need to appoint a replacement, normally a trusted family member. If the ex-spouse were named as a sole trustee, this could lead to the trust failing altogether.

    Clearly if you don’t update your Will after you’ve got divorced your estate may be dealt with quite differently to how you intended. This could seriously jeopardise any inheritance you’ve planned for the rest of your family and mean that new partners or dependants aren’t provided for.

    Find out How Does Divorce Affect Your Will in more detail.