Although once the decree absolute is issued, any will you may have in place is read as if any reference to a previous spouse is removed entirely, during separation and the often lengthy process of divorce you are at risk of them inheriting under your will if you do not change it in the interim. (Or indeed if you do not have a will at all – under the intestacy rules).
In all honesty whilst in these circumstances a Codicil revoking a gift to a named beneficiary could be used to “cut out” the estranged husband/wife from the estate (provided you already have a will in place already) the best advice really would be to draw up a whole new will which does not make any provision for the estranged spouse. This should then sit alongside a letter of wishes setting out the reasoning behind the lack of any bequests to try and limit any potential claims against the estate.
Under inheritance legislation, it is possible for certain individuals to make a claim for provision out of a deceased’s estate where reasonable financial provision has not been made for them in the will. This includes the spouse or civil partner of the deceased. A claim for provision cannot succeed though unless the court is satisfied that the will does not make reasonable financial provision for the person making the claim. What financial provision is reasonable depends upon who is making the claim. A spouse or civil partner may seek financial provision that is reasonable in all the circumstances, whether or not it is needed for his or her maintenance. The court does not have to decide whether the deceased acted reasonably or unreasonably.
Continue reading Where there’s a will, there’s a way …