Writing a Will Before Divorce and After Marriage
The importance of writing a will can never be undermined. A will allows you to plan, determine and choose who inherits your assets, who shall act as guardian for your children and who shall be named as your executor to ensure that your last wishes are carried out in the manner you intended to. To know more about writing a will, click here.
It is pertinent to know that validity of a Will is affected by marriage and not divorce, in which many people has the opposite perception.
Before moving towards divorce, it is advisable to write a will to determine if you would want your spouse to benefit from your estate. Do not wait until a divorce has been finalize as it might be too late. If you die without a will before completion of your divorce proceeding, then your spouse would be able entitle to your estate, regardless if you want him/her to be. To know more about distribution of estate upon intestacy (without a will), click here.
A different situation applies if a judicial separation is obtained instead of a Decree Nisi. After obtaining a judicial separation, a woman would be able to claim his husband's property, as his wife, if he dies intestate. However, a man would not be able to claim his wife's property if she dies intestate.
Many people are not aware that a Will is automatically revoked upon his/her marriage. Hence it is necessary to make a new Will right after a marriage otherwise that person is deemed to have died intestate (without a will) and the law on intestacy will apply. To know more about distribution of estate upon intestacy (without a will), click here.
Exception If a will is made in contemplation of a marriage, and is expressly provided, then such will shall not revoke on the solemnization of that marriage.
Do always remember to keep your will up to date to reflect your real intention and to ensure those you love are protected. To speak to a lawyer on your estate planning, click here.