Wisest course of action is for new will following divorce

Keren Bobker says the best course of action to take for an Englishman is to make a new will following a divorce.

I divorced last year, but I am not sure if the will I arranged a few years before the divorce is still valid. I am planning to remarry in the next year or so, but am concerned that my ex-wife would receive my assets if I should die before the wedding. We didn't have any children, but I have a few assets, mostly offshore, and I also own a couple of properties in the UK. I am originally from England. MF, Abu Dhabi

If your marriage is ended by a court order, like a divorce or annulment, your will does not necessarily become void or invalid. What happens is that any gift to your former spouse takes effect as if she had died on the date your decree became absolute, which is the date the divorce is finalised. This usually means that the gift falls back into residue for the residual beneficiaries. If you had left everything to your ex-wife in this will, then the effect is as if you had died intestate, that is, without having made a will. Similarly if you had appointed your ex-wife as an executor or trustee, the will still takes effect as if she had died on the day the divorce became final. It is best to make a new will immediately after a divorce, but you should be aware that under English law a will is invalidated by marriage, but this is not necessarily the case under Scottish law, under which slightly different rules can apply due to a differing legal system.

Keren Bobker is an independent financial adviser with Holborn Assets in Dubai. Contact her at [e-mail]

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