Your Will After Marriage or Divorce

If you created a will before you married, it will automatically be revoked when you marry, unless it was made with a particular marriage in mind, or stated in general terms that it was made in contemplation of marriage. To avoid any confusion, it is advisable to make a new will when personal circumstances change.

Any gift or appointment (e.g. as an executor or guardian) in favour of a former spouse in your will is automatically revoked when a divorce decree becomes absolute or an annulment is made. Again, as personal circumstances change, a new will or codicil should be created.

How can I make sure my wishes are carried out?

Each valid will should appoint an executor or a person designated to administer your estate after you die. More than one person can be named as executors. You can choose anyone to be your executor including your spouse, relative, friend or your Solicitor. You should first ask individuals if they are prepared to take on the administrative responsibilities.

Being an executor is a responsible position. The executor must obtain probate of the will and administer payment of any tax liabilities, debts or expenses before distributing the balance to the beneficiaries named in your will. An executor who is not a beneficiary may apply to the court for payment for his or her work as executor.

How to Write A Will: Executors & Beneficiaries

In this second post, we'll go through some of the important aspects of writing a will, including some of the terms you'll come across & how they relate to you.

Executors & Beneficiaries

Significant persons to appoint when you make your will include an Executor and Beneficiaries. The Executor(or Personal Representative) is the one who will oversee that all your wishes are carried out. He/she also manages and distributes the estate with the help of a solicitor in many cases. The Beneficiaries(can be persons or organizations) are the ones who will receive your properties.

It is possible to draft your own legally valid will without the help of a solicitor although it is advised that you seek professional legal advice if you are in a complex situation.