Do Separating and divorcing couples lose out under a Will?

Do Separating and divorcing couples lose out under a Will?

Band Hatton Button - Separating and Divorce Lawyer Tracy Cross blogs about recent issues concerning Wills.

So this week in the news there have been headlines about a deceased man's estranged wife seeking to 're-write' his Will. The headlines imply that such a suggestion is scandalous and indeed the way they try to report may indeed lead an ordinary person to conclude just that.

However, what is this really about? The case hasn't been concluded yet and all the facts aren't really known but there are some general points here that it's worth remembering.

There are various financial obligations that exist between a married couple. When that marriage is coming to an end, consideration needs to be given as to how to share assets and make provision to meet the couples needs as they move on in their lives.

If one of them dies before that process is completed and their Will does not provide for any sharing of assets with the estranged spouse, well that's just tough for the estranged spouse right? No, it isn't, nor should it be.

If that person died owing money and the estate had money in it, then those debts would be paid. It's a similar idea here. If the assets that form the estate should have and would have been shared while the deceased was alive, then that also applies in death. Just because the Will doesn't make provision for that doesn't mean it won't work out that way.

It's very important to review Will arrangements at all stages of your life whether getting married or divorced. Sensible legal advice needs to be taken about proper provision for anyone that might have a claim on the assets, for whatever reason, or be dependent on the deceased, in order to prevent a dispute in the event of a death.

It may seem like a good idea in the event of separation and pending divorce, to make a Will cutting the estranged spouse/partner out completely. However, if the worst happens you may just be setting your remaining loved ones up for a very expensive and costly court battle. That will be the last thing that they need.