Ian Gosling

Is my Will still valid after a divorce?

Yes, your will should still be valid. However, if your ex-spouse or civil partner was appointed as an executor of the will or if they were to inherit property from you, they will be treated as though they had died on the day your marriage or civil partnership ended. The practical consequence is that they cannot act as executor and they do not inherit. Although your will is still valid, getting divorced could be a the perfect time to review it, especially if you had previously planned to leave

Do you need guidance or can you write your Will by yourself?

You can write your own Will, without any help or legal guidance and as long as it is properly signed and witnessed it should still be legally valid in the UK. It’s just not recommended for a number of reasons: The problems with going it alone A Will is a legal document where errors can cause it to be invalid or ambiguity means costly mistakes are made after your death. The main problems are: * You may not know or include all of important clauses which need to be used. * By not using wording

When does a Will become legally binding?

A will does not become binding until the person who makes it dies. Until that point the person making the will is not bound at all and can change their mind as often as they like by making a new will. For guidance on what makes a valid will, see How do I make sure my Will is legal? [https://www.affio.co.uk/how-do-i-make-sure-that-my-will-is-legal/] As always, we’ll be on hand to give you guidance and checklists every step of the way, so if you have any questions, you only have to ask.

How does owning my house as a tenant in common affect my will?

You can co-own property with other people in one of two ways: * As joint tenants; or * As tenants in common Where co-owners of property are tenants in common, each of the co-owners has a separate share of the property. The shares can be in any proportion, so they can be equal or unequal. Unlike in a joint tenancy, when one tenant in common dies their share in property can be passed on under their will, just like other assets.

How does owning my house as a joint tenant affect my Will?

Property can be co-owned in two ways: * As joint tenants; or * As tenants in common Where property is co-owned by joint tenants each of them owns the whole property and (while they remain joint tenants) the property cannot be shared between them. Property which is owned by joint tenants is not inherited under a will. When one joint tenant dies their share of the property goes to the surviving joint tenant(s) and the survivors then own the whole property – even if the deceased’s will says so