A Will? Two Good Reasons Divorce And Death By Sangeeta Moore - The Law House Family Law Solicitors, London & Peterborough


A Will? Two Good Reasons Divorce And Death By Sangeeta Moore

By in All Blogs, Wills, Trusts & Probate Category on January 26th, 2015

This is the time of year when two things occur, you either resolve to make a Will or separate with the view to divorce. Surprisingly not making a Will and getting a divorce are related! Read on….

When we die we can leave whatever we want to whoever we want. To ensure this happens write a Will! A Will clearly states who will inherit your possessions. Making a Will gives you control over your assets after your death and making one can help prevent family disputes.

Like buying a home making your Will is one of the most important things you will do in your lifetime. Its significance becomes all too clear when you consider the alternative to it – dying without making a Will. If you don’t you effectively lose control over how your assets are dealt with. The law takes over and rules called the “Intestacy Rules” will determine who inherits your estate. Who gets what will depend on what you own and who survives you.

The term “Common Law Wife/Husband” has not existed since the 1700’s.  The intestacy rules have no regard for modern family arrangements where two people in a relationship live together (co-habit) on a long-term or permanent basis without being married or in a civil partnership. Surviving partners have no rights to inherit from their deceased partner’s estate. Often their only option is to go to court, not cheap by any means, and persuade a judge to make some provision for them. Even so, there is no guarantee of success. The decision is entirely at the discretion of the court. If you are living with someone, and especially if you have children, you should make a Will so that your partner and children are adequately provided for in the event of your death.

For those of you who are getting a divorce and don’t have a Will problems can occur. If your divorce isn’t finalised your soon to be ex spouse could still inherit. Until the divorce is finalised you are still legally married. If you have not changed an existing Will or you have not made one at all, your surviving spouse or civil partner could still inherit some or all of your estate.

Dying without a Will can cause unnecessary problems. You could find that the very people you did not want to inherit from your estate are the ones who do. Making a valid Will is simply common sense. If you want expert advice on or help with making a Will please contact me, Sangeeta Moore on 020 8899 6620 or 07825 838 922 or smoore@thelawhouse.com We do home visits at no extra charge.