Will after divorce and other questions

Tom99

Yorkshireman99 wrote: »

I was discussing this with a friend this morning. What I am not sure of is if this restriction only applies to a will made before a divorce. I always understod that and English tesataor was free to leave their estate to whoever they wished. If any one can point me to a definitive answer I would be grateful.

[FONT=Verdana, sans-serif]Yes I would agree with that interpretation. So a will signed before divorce and death after divorce will remove the spouse from the will, which seem to be what has happened here.

[/FONT] [FONT=Verdana, sans-serif]Its not clear whether you can make a will 'in anticipation of divorce' just like you can make a will 'in anticipation of marriage' but there is certainly nothing to stop you having an ex-spouse as a beneficiary for a will signed after you have divorced.

[/FONT] [FONT=Verdana, sans-serif]But as said above the children's 1/6th cannot be reduced if they are under 18 so any gift back to the mother would have to come from OP and brother.[/FONT]