Outdated Will?

SallyG

My Will says I'm in the process of divorcing my husband - now I'm divorced so that statement is no longer true - does that fact invalidate the Will?

SeniorSam

No. Unless you have benefitted your Ex, in which case you may wish to change it.

Sam

SallyG

Thanks - I made the Will to try to ensure my children would and my husband wouldn't inherit from me if I dropped dead on my way to the divorce FDR hearing - not sure how reliable that would have been ...... I intend to make a new Will but it's good to know he is unlikely to be able to challenge it, on that ground anyway, in the meantime.

Crabapple

Generally the rule is that if you die before a divorce is finalised then your ex may be able to make a claim against your Estate but to the value of anything they would get under a divorce settlement.

On the decree absolute there is normally a statement that says that they are no longer able to claim under the provisions in the Inheritance (Provision for Families & Dependents) Act.

The only proviso to that would be if the spouse was getting continuing payments under the financial agreement made in the divorce. Courts normally prefer a clean break order so it's fairly rare.