Family break up wills are an interim will writing service that can be used during the break up of a marriage or civil partnership, to set out the wishes of one partner until the divorce or dissolution of a civil partnership has been completed.
Once a decree nisi has been issued or a civil partnership is dissolved, it is then possible to rewrite the will, taking into account the individual’s new circumstances.
Duncan Lewis Wills and Probate solicitors understand that making a will at such an emotionally upsetting time can add to the stress of the situation.
However, when there is property at stake or joint finances have to be divided, making a family break up will can help by setting out provision for any children of a marriage or partnership, or any previous marriage or partnership.
Family relationships can be extremely complex – and it may also be necessary to provide for a new partner or child in the event of death.
Common law or cohabiting partners are not automatically entitled to a share of their partner’s money or property at death – and therefore making a family break up will can also provide for any new partner or child.
Under the laws of England and Wales and the rules of intestacy, spouses or partners are still considered legally married or in a civil partnership until the decree nisi or dissolution – in the event of death, an existing spouse or partner is likely to be able to claim from any will in existence and your wishes in that will may still be carried out, despite the separation.
Making a family break up will means your wishes set out in the new will can be carried out – and a new will can be made once the divorce is finalised or the civil partnership is dissolved.
Duncan Lewis Wills and Probate solicitors can advise on all aspects of a family break up will, including provision for children, property, finances and tax, appointing guardians to look after your children – and any decisions about who handles your affairs in the event of your death before a divorce is finalised or a civil partnership is dissolved.
The firm is uniquely placed to advise on wills and family break up wills, with a well-respected family law department that has considerable expertise in all aspects of family law and child care, including international marriage and divorce, spouse abandonment, international adoption, parental responsibility and guardianship, and Court of Protection cases involving vulnerable family members.
Our Wills and Probate solicitors offer competitively-priced fixed fees for wills and probate matters, whenever possible.
For expert legal advice on writing or updating a will, call Duncan Lewis Wills and Probate solicitors in confidence on 0333 772 0409.