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 ILAWS and get the best advice on your circumstances.