Why you need to make a Will and LPA if you are getting divorced or separated

Going through a divorce or separation?  It’s time to make a Will and an LPA.

If you are getting divorced or separating from your spouse or partner, you should make or review your Will and Lasting Power of Attorney (LPA) for the following reasons:

  1. Your previous Will remains valid even after your divorce. However, any gift to your former spouse will not take effect. This could mean that your estate is partly or wholly intestate, i.e. without an heir. In this case, the Rules of Intestacy apply and it could mean that your loved ones miss out on their inheritance.
  2. If you divorce and you own a shared property, your spouse might still inherit this if you owned it as joint tenants. If you sever this joint tenancy, you can use your Will to leave your share of the property to your choice of beneficiary.
  3. If you were not married and you separate, any previous Will you had will remain in force and your former partner will still be entitled to receive anything you had left them.
  4. If you are married but separated, your Will still takes effect, meaning your spouse might receive assets that you no longer wish them to have.
  5. You can use your Will to appoint a guardian for any children you have who are aged under 18, should their other parent also not survive to care for them.
  6. If you will be entering into a new relationship, you can ensure that any children from your previous relationship will be provided for and their inheritance protected from going where you would not want.
  7. A Lasting Power of Attorney or LPA is a legal document giving authority to someone to make decisions on your behalf, should you be unable to manage your own affairs. Without an LPA, your loved ones could struggle to deal with matters such as paying bills for you if you become unable to do this yourself.

Download our information sheet or contact us by calling 01452 222 444, request a call-back via our website www.tayntons.co.uk, or email us at will@tayntons.co.uk

To contact us please call 0800 158 4147 or 03330 145451 or email info@tayntons.co.uk

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