Changing Your Will After Divorce

Once again may I repeat myself.“Do you have a Will? YOU SHOULD HAVE. It is an important document as it is your way of making sure your wishes are known and your property and assets are distributed after your death the way you want them to be.”

However, if you have a Will and you divorce or separate from your partner you need to remember to change your Will, otherwise on your death your ex-partner could receive everything you listed in your old Will.

When amending your Will you need to look at all your assets, everything you own. Certainly after splitting up from a partner the likelihood is that you will have far fewer assets than you had before – you might even feel that you have very little to leave to anybody. Nonetheless if you have children you will want to provide for them after your death so it is key that you see a solicitor to make the appropriate revisions needed.

If you have bought a flat or house you can ensure it goes to your children (if they are under 16 it can be held in trust for them until they are older).You will want to be certain that your ex partner cannot touch your heritable property.

The chances are that under your old Will your ex would have been appointed executor of your estate. Obviously you will need to alter that also.

And remember that your assets can include heirlooms, family photographs and memorabilia which are things you may want your children to have by which they can remember you.

You may find a new partner and move in with or marry them which is another huge change in your circumstances and one that may again require a new Will.  Your new partner may already have children and you may go on to have children together so there is a lot to take into consideration.

The sheer act of changing your Will is an admission that you have moved on. I have the experience to advise on the best possible way to deal with your new situation.  If I can help please call Lauren Hill on 0141 552 3422 or contact me by email at lnh@mitchells-roberton.co.uk

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About Lauren Hill

Lauren joined Mitchells Roberton in January 2015. She graduated from Glasgow University with an Honours degree in law in 2008 and thereafter completed her Diploma in Legal Practice at the Graduate School of Law in 2009. Before starting her traineeship in September 2011 with Wright Johnston & Mackenzie Lauren went travelling visiting amongst other countries, India, Nepal, China, Chile, Argentina and Bolivia experiencing the wonders of The Great Wall of China, the Amazon ,and Machu Picchu. Yet Millport still remains her favourite holiday destination of all. Her traineeship was a general one and when she left Wright Johnston & Mackenzie in 2013 she joined Friels Solicitors in Uddingston as a newly qualified assistant specialising in conveyancing and private client work. Here at Mitchells Roberton Lauren is part of our private client department preparing Wills, Powers of Attorney , handling the administration of estates and administering trusts. She has an easy manner and is friendly and approachable . She enjoys getting to know her clients and is committed to helping them with any legal issues they may have. Lauren loves to read, walk and sample Indian cuisine.

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