Getting Divorced and Making a New Will
Making a Will Question: I am currently separated and jointly own a house with my estranged husband which is currently being rented. Divorce proceedings have begun. I have named my two children (from a previous marriage) to be the beneficiaries, but is my estranged husband still entitled to all of my assets?
Making a Will Answer from glossLegal: You are technically married until a decree absolute. You can however sign a new Will which leaves your property to whoever you would like. The difficulty is that your husband could challenge the Will (in court after your death) until divorce financial proceedings are complete – on the basis he has not had reasonable financial provision. We suggest you do sign a new Will as it will be valid, and will continue to be so after decree absolute.
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The need to amend or have a brand new will wirtten up following a divorce cannot be understated. As you have suggested, even a spouse that you have divorced can still have a claim to your estate if a new will was not drafted.