When experiencing matrimonial difficulties, it is important to consider what is to happen to your property should you die.

The first matter to consider is what the present position would be were you to die today. If you and your spouse own land (for example the family home) as joint tenants, your spouse will be entitled to all of the property on your death. It is also likely that your spouse would also be entitled to a substantial proportion of your remaining estate by virtue of your will if you have made one, and otherwise by the rules of intestacy.

Having ascertained what would happen to your property under the present arrangements, you need to consider whether this is what you want. Some people are content for their spouse to continue to benefit after their death, despite the breakdown of the relationship, for example for the sake of the children or because they have nobody else to whom they wish to leave the property. However, others wish to take all possible steps to deprive their spouse of any benefit, for example because they would now prefer that their new partner or their child receive the benefit of their property.

The Effect of Divorce on Wills

If you have made a will, any appointment in the will of your spouse as executor or trustee will be ignored after divorce. Similarly, any gift to your spouse in your will automatically lapses on divorce.

The Effect of Divorce on Intestacy

If you have not made a will, once you are divorced your former spouse will have no right to any part of your estate under the intestacy provisions.

Steps to be taken

Having considered the above, you may wish to draft a will, or draft a new will, to control the distribution of your property should you die. Another reason for making a will is to appoint a guardian for your children to take your place after your death.