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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.

Is my Will valid? or shud i wait til divorce?

  • fedup44
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22 Apr 12 #325709 by fedup44
Topic started by fedup44
Hi everyone
(Iam writing this on behalf of a relative)

Ive been seperated for 8 years but not divorced. All the assets were split and agreed upon at the time. The FMH was signed over to me when i bought my ex out. I also paid the fee at the land registry to have the deeds changed to my sole name. He went off and bought his own place.

1. If I write a Will today leaving everything i own to our 2 adult son, could the ex contest this and have a valid claim on my assets?

2. If I write a will today and then finally get divorced would i need to write another one (due to name change, no longer being married)? although the contents of the will would still be the same?

Any help would be appreciated and the question number 2 is of interest to me as well at the moment.

Thank you

  • WYSPECIAL's Avatar
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22 Apr 12 #325711 by WYSPECIAL
Reply from WYSPECIAL
Wills do not become invalid on divorce so if you make one today it will still stand.

Your husband, or anyone else excluded, would only be able to make a claim on your estate if he could prove that he was financially reliant upon you and would have reasonably expected to be provided for. this doesn''t sound like the case for you.

  • dukey
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22 Apr 12 #325716 by dukey
Reply from dukey
Its a bit more complicated than that i`m afraid, to be safe you need a Consent Order and a new will, once divorced they dont cost a lot this site offers the service for £48.

You need to end claims under the 1975 inheritance act and have a clear will, the last thing you want is to pop your clogs thinking all is well when it actually goes to probate and those you want to benefit end fighting for it.

  • LittleMrMike
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22 Apr 12 #325729 by LittleMrMike
Reply from LittleMrMike
Dukey is right, there is certainly more to this than you think.
So here goes.
1. If a person does not make a valid will, his/her estate has to be dealt with under the rules for intestacy. Therefore, if there is no will, it really is desirable - some might say essential - to make a new will now, without waiting for divorce, to prevent an estranged spouse inheriting under the intestacy rules.
2. There is nothing to prevent leaving the estate to a grown up son, but, as has been pointed out, an estranged spouse could still make a claim under the Inheritance Family Provision Act on the grounds that the will did not make '' reasonable provision '' - and such a claim can even be made after divorce, provided the former spouse has not remarried, and provided also that the terms of the divorce do not prohibit this, as they commonly do if there is a Clean Break. If you think this is a possibility then it is recommended that legal advice be sought. There are steps that can be taken to reduce the risk.
3. Yes, if a person changes his name,. having made a will under the old name, it isn''t necessary to make a new will, but the probate people will want evidence of the change of name. This might, eg, be a copy of a marriage certificate or a Deed Poll. So in practice, you will need to make sure that some evidence is retained to explain the discrepancy in names.

  • fedup44
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22 Apr 12 #325743 by fedup44
Reply from fedup44
Thanks to u all...brilliant advice as always.

I passed on the information, and now she is not 100% convinced his name was taken off the deeds. She seems to think the fee she paid to the mortgage broker was to change all the mortgage info.

So she is going to investigate whether she is the sole name with the Land Registry and go from there!!

Thank you

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