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How Divorce Impacts Your Will and Your Children

Life is not always easy and difficult decisions at times need to be made for a number of reasons. Often events happen in our lives that we have not wished for or planned for. We understand life is not perfect and we encourage our clients to contact us as soon as a major change in their lives happen so that we can advise and support them through any unforeseen occurrences and curve balls life presents. Marsh Fidelity firmly believes in helping families navigate through difficult times in their lives by being a support system, a voice of direction and peace of mind in a time where they are vulnerable and in need.

Planning your will may not be front of mind while getting divorced

When people are going through a divorce there is so much hurt, pain and a sense of loss involved that it leaves little room for planning and provision for the future during this difficult time. Marsh Fidelity provides a holistic service in good times as well as bad times and we feel the following facts must be made aware of especially to individuals who are going through the challenging process of a divorce.

If your partner and you had executed a Will before the date of your divorce, for three months from that date of your divorce your partner will be deemed as predeceased and not be able to inherit as per that Will. This could potentially impact your children’s inheritance and how it is administered. For example, if any of your children are below the age of eighteen at that time and there was no trust clause made in the Will executed before the divorce their inheritances may then need to be paid over to the government guardian fund where they will only be entitled to received it back from that fund when they turn eighteen. To add to this if there was no provision for who would inherit if either your partner or you predeceased each other your estate maybe administered as intestate which presents its own unique challenges.

Finally, if the three months passes after the date of your divorce and no new Will is written the above provision falls away and your ex-spouse will be in line to inherit as per that Will. If this is not your wish, we strongly recommend that you write a new Will without delay so that your legacy can be administered the way you wish, and your life work can go to who you truly want it to go to.

For more clarity you can contact Daniel Marsh on [email protected]

What happens to my will once I get divorced?

If your partner and you had executed a Will before the date of your divorce, for three months from that date of your divorce your partner will be deemed as predeceased and not be able to inherit as per that Will. This could potentially impact your children’s inheritance and how it is administered. For example, if any of your children are below the age of eighteen at that time and there was no trust clause made in the Will executed before the divorce their inheritances may then need to be paid over to the government guardian fund where they will only be entitled to receive it back from that fund when they turn eighteen. To add to this if there was no provision for who would inherit if either your partner or you predeceased each other your estate may be administered as intestate which presents its own unique challenges.

Finally, if the three months pass after the date of your divorce and no new Will is written the above provision falls away and your ex-spouse will be in line to inherit as per that Will. If this is not your wish, we strongly recommend that you write a new Will without delay so that your legacy can be administered the way you wish, and your life work can go to who you truly want it to go to.

For more clarity, you can contact Daniel Marsh at [email protected]

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