When going through a separation you should be thinking about making a will (or rewriting your current will). These are three key reasons why you should:
1. Feelings change
During the breakdown of a relationship, your home, your assets and your family arrangements are all likely to be affected. You need to make a new plan for your current circumstances. To ensure that your estate will be distributed in such a way that reflects your current situation, you should make a will as early in the separation process as possible. You can specify exactly how you wish to distribute your assets, allowing you to leave absolutely no doubt as to your wishes with respect to your partner.
2. Looking after your children
Without a will, the care of your children may pass to your ex-partner. If this is not in the children’s best interests, it is important that you make alternative arrangements for them. In a will you can specify who you would like to care for your dependent children which will give certainty to what your wishes are with respect to your children.
3. Avoid delays and unnecessary expense
If you fail to write or update your will after going through a separation then your family might have to undertake costly litigation in order to ensure your wishes regarding your estate are fulfilled. This will take time, money and will cause a lot of heartache and may even result in an unfavourable outcome. Writing a will minimises the legal claims that could possibly be made against your estate and will reduce the chance of these claims succeeding.
If you’re going through a separation or divorce, contact Jeremy Sutton Barrister to book an initial consultation, we can help you through the process.
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