Over the last 20 years, I’ve had so many conversations with clients who tell me, “We’re not that kind of family – there won’t be any arguments when I’m gone.” I really want to believe that.
But sadly, I’ve seen too many situations where well-meaning families fall out after someone passes away, especially when there’s been a divorce, remarriage, or a blended family involved.
If you’ve gone through a separation, divorce, or you’re planning to remarry, it’s absolutely essential to review your Will. It might feel like just another admin task, but it can save your loved ones from a lot of stress, upset and sometimes even legal battles down the line.
Why Wills get messy after divorce or remarriage
Here’s what many people don’t realise:
If you divorce, any reference to your former spouse in your Will becomes void. That might leave parts of your estate without a beneficiary or even without an executor (the person who handles your estate).
If you remarry, your existing Will is automatically invalid unless it was made in contemplation of the marriage. That means if you don’t make a new Will, your estate could be treated as if you died without one at all.
In those cases, everything falls under the Rules of Intestacy, which follow a rigid formula:
Your spouse inherits the first £322,000 of your estate and all personal possessions.
The remainder is split 50/50 between your spouse and your children (biological or adopted).
Stepchildren and unmarried partners receive nothing unless named in a valid Will.
This is rarely how people would choose to divide their estate and it often comes as a very nasty shock.
The risk of Inheritance Act claims
If someone feels they’ve been left out or not adequately provided for whether it’s a cohabiting partner, a stepchild, or a former spouse they may have the legal right to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975.
These claims can be expensive, emotionally draining, and they reduce what’s left for everyone else.
I’ve seen it happen—and trust me, it’s not a situation you want your family to face.
The danger of ‘sideways disinheritance’
Another common issue arises when you leave everything to your new partner, trusting they’ll pass something on to your children one day. But life changes people remarry, rewrite Wills, or simply change their mind. Without legal safeguards, your children from a previous relationship could be completely cut out.
So, what can you do?
When relationships change, your Will should too. Working with a solicitor means you can:
Protect your children’s inheritance while still supporting a new partner.
(For example, by giving them a life interest in your home so they can stay there, while your share eventually goes to your kids.)
Make your wishes legally binding and crystal clear.
Reduce the risk of disputes or misunderstandings after you’ve gone.
Most importantly, you’ll get the chance to talk things through with your loved ones now so there are no surprises later.
Let’s make sure your wishes are honoured
If anything in this rings true for you or you’re not sure where your current Will stands, please get in touch.
I’m always happy to talk things through in plain English and help you put the right protections in place.
Call on 01727 634839 or email at contact@sbishestateplanning.com.
