Q&As

When a testator is in the process of divorce, but still wishes to leave assets in their Will to their ex-spouse after the divorce, what considerations should be taken into account, including the possibility of claims against the estate under the Inheritance (Provision for Family and Dependants) Act 1975?

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Published on LexisPSL on 25/08/2016

The following Wills & Probate Q&A provides comprehensive and up to date legal information covering:

  • When a testator is in the process of divorce, but still wishes to leave assets in their Will to their ex-spouse after the divorce, what considerations should be taken into account, including the possibility of claims against the estate under the Inheritance (Provision for Family and Dependants) Act 1975?

Where a testator makes a Will and subsequently divorces or has their marriage annulled, section 18A of the Wills Act 1837 (WA 1837) provides that any gift to the former spouse in the Will is to be treated as if the former spouse had died at the date of the divorce. There is an exception to this rule where a contrary intention appears in the Will. Therefore, any gift to be

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