Don’t make the same mistake as many other people, and assume that getting divorced will cancel out any Will that was made during their marriage. Unfortunately, this isn’t the case, and failing to update your Will following divorce could have serious consequences for your estate.
Key Takeaways:
-Power of Attorney: Update your Power of Attorney to remove any authority granted to your ex-spouse, ensuring your future decisions are in the right hands.
-Guardianship of Children: Reassess who should be named as guardians for your children to avoid confusion and legal complications later on.
-Financial settlements don’t change your Will: A clean break financial settlement helps with future claims, but doesn’t eliminate the need to update your Will.
-Act promptly: Don’t wait after a divorce to amend your Will. Review it regularly to ensure your estate is managed as you intend, preventing disputes for your loved ones.
Divorce and Your Will in Scotland: Protect Your Legacy with ILaws Scotland
Divorce can be a tumultuous experience, and while it’s an emotional and life-altering event, many people overlook one critical area: their Will. In Scotland, divorce does not automatically revoke or change your Will. If you made a Will during your marriage and are now going through a divorce or separation, failure to update your Will could result in significant consequences for your estate.
When you get divorced, the terms of your existing Will may no longer reflect your true wishes or intentions. Your former spouse may still be named as a beneficiary, executor, or guardian of your children. This oversight can lead to legal disputes, unintentional inheritance transfers, and costly complications for your loved ones after you’re gone.
The Impact of Divorce on Your Will in Scotland:
In Scotland, the law operates under the principle that divorce will nullify any provisions in your Will that benefit your former spouse. However, it will not automatically cancel the Will altogether. That means if you don’t take the necessary steps to update your Will after a divorce, your estate could end up in the wrong hands, and your wishes might not be followed.
Furthermore, without changes, your ex-spouse may still have a claim to specific assets, which could result in unintended financial burdens for your beneficiaries. Whether you’ve remarried, have children, or want to make sure your estate is handled the way you intended, it’s essential to review and revise your Will post-divorce.
Why You Need to Act Quickly:
Failing to update your Will after divorce in Scotland could leave your family vulnerable and lead to inheritance disputes. If you have children, guardianship and inheritance should be explicitly outlined to avoid any confusion. If you own property, assets, or investments, these should be properly distributed according to your updated wishes.
Moreover, updating your Will ensures that your legacy remains intact, free from confusion or legal battles that could harm your beneficiaries. The longer you wait, the more difficult it may be to resolve any discrepancies.
How ILaws Scotland Can Help:
At ILaws Scotland, we understand the challenges that come with divorce and the complex legal landscape around Wills and estates. Our expert team can guide you through the process of updating your Will, ensuring that it reflects your current circumstances and desires. Whether you’re updating your beneficiaries, adjusting guardianship for your children, or simply ensuring your estate is settled properly, we are here to help.
Don’t wait. Protect your legacy today. Book a consultation with ILaws Scotland and ensure your Will is up to date and legally sound. Your peace of mind—and your loved ones’ future depend on it.
Some FAQ about what divorce and separation means for your Will, and how you can ensure your affairs are in order:
No, you are allowed to leave your estate to whoever you wish. However, despite being separated, your spouse could make a claim on your estate under the Inheritance Act. Such claims made against an estate take time and are often costly. It’s important to prepare a Will which gives your executors room to negotiate with your spouse, if necessary, to protect the interests of your other beneficiaries.
If you have recently divorced, or are in the process of going through a divorce, its important you review your will documents and other legal documents that you may have in place, such as Power of Attorney – as you may need to change your appointed attorney. In fact, any life event that occurs, you should be reviewing these documents.
Get in touch with the expert Estate Planners today at ILAWSSCOTLAND and get the best advice on your circumstances.
A financial settlement order, also known as a clean break settlement means that the parties to the divorce will have no financial ties once the court order is made and implemented. A clean break order will not include any spousal maintenance. It enables both parties to move forward and be financially independent of one another.
Clean break orders can be useful to help protect your estate against future claims under the Inheritance Act, but they won’t suit every situation – especially not if there’s young children involved who still need to be provided for.
It’s still important to review your Will and ensure it is up to date, ensuring your estate is still going to be divided the way you want it, after your death.
This all depends on the terms of your divorce and your financial settlement however an ex-spouse can make a claim on the estate if they can show that they were being financially maintained by the deceased.
An example of financially maintaining your ex-partner after you’ve divorced would be paying them maintenance. If you don’t include them on your Will, they could potentially make a claim under the Inheritance Act.
If you don’t want your former spouse or civil partner to benefit from your estate after your death, unfortunately there is no certain way to prevent it. The best thing to do is ensure your executors are prepared in the event there is a challenge, and speak to our experienced estate planners to write your Will in a way that provides flexibility to negotiate with your ex-partner if necessary to protect the interests of your other beneficiaries.
If your divorce is amicable and you and your ex-partner agree about how your property will be shared, this isn’t legally guaranteed, unless this is written in your Will. Making a new Will gives you the peace of mind that your loved ones will be provided for.
Divorce doesn’t revoke a Will, nor does it mean a previous will (before marriage) will automatically come back into effect. Following the Succession (Scotland) Act 2016, it is now presumed that people do not want an ex-partner to benefit from their estate. However, unless you have another living Executor named in your Will, things can still become complicated, so it’s always worth updating your Will with a replacement Executor post-divorce. It is also sensible to review your Will after such life events anyway as your wishes may have changed.
