I have Separated - Do I Need To Make A New Will?
By Fiona Wood in Family law in the news on Friday, November 6, 2009
When Peter Sellers died he was estranged from his wife and in the process of divorcing. He had not updated his will to take into account their separation, although it was revealed this week that he was in the process of doing so at the time of his death. However, as they were still married when he died and his will left the majority of his assets to his wife, she was his main beneficiary. The amount she received was much greater than that which she would have received by way of divorce settlement.
If you have separated the advice of matrimonial lawyers is to consider making a new will to reflect your new circumstances. You should be aware that if you do not leave your estranged spouse anything under your new will, they could make a claim against your estate upon your death. However, they are unlikely to be entitled to all your assets, so making a new will could be very beneficial. You should discuss the terms of your new will with your matrimonial lawyer.
If you die without making a will and you are still married, again your spouse will benefit financially upon your death. It is therefore very improtant to make a will.

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