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How Divorce Will Affect Your Will

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Couples, during marriage, tend to make a will leaving their assets to their spouse upon death. Once divorced, those couples fail to consider how their assets will be divided upon death.

The law of succession deals with a person’s assets upon death.

Prior to the Succession (Scotland) Act 2016 divorce or dissolution of civil partnership would have had no impact on a person’s Will in Scotland.

However, the Succession (Scotland) Act 2016 now addresses this. If the deceased’s will leaves assets to their former spouse, and was not updated upon divorce, the surviving and former spouse is treated as though they pre deceased the person who made the will. Therefore, any part of the will leaving assets to the surviving spouse does not apply. This is the case if the deceased is domiciled in Scotland after 1 November 2016 and the divorce or dissolution was obtained from a court of civil jurisdiction in the United Kingdom, the Channel Islands or the Isle of Man or is otherwise recognised in Scotland.

It is important to note that it is essential that upon separation, couples who are married or in a civil partnership update their Will. It is only when the person is formally divorced and the divorce decree is granted by the court that the above act will apply. The failure to update your Will could leave you with severe consequences upon death.

If you are separating or have separated, and would like further information and advice regarding the issue of how divorce will affect your Will, why not come along to our free divorce clinic on 28 August 2019? Our friendly team of family solicitors will be on hand to provide advice – call 0141 375 1222 to reserve your free 20 minute consultation.

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