Divorce and the role that Estate Planning and Wills Play

It may not be divorce which separates you - the untimely death of a spouse can also bring financial issues, particularly if you don't have a Will. After all, a divorce means changing practically everything in life ?from finances to children. Very little remains untouched when a couple divorces. Lots of questions can arise here: what happens when a couple divorces, but one or both spouses have not changed their wills and one spouse dies? What happens if one spouse dies before a divorce is final? An ex-spouse can inherit, but the intent to provide for the ex-spouse must be clearly stated in the will, but these are tricky and potentially contentious issues and need legal counsel.

It seems harsh to consider such things as for example, the question of whether a will doesn't specify who will inherit instead of the ex-spouse, the property left to the ex-spouse might go to the person named in the will as getting everything left over. This may not be what is wanted; hence it seems a good idea to rewrite a will after the divorce to ensure property goes where it is intended to go. Laws can be tricky here so advice is needed.

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