Very often we are contacted by families seeking advice as to what happens if a person died without a will, having recently separated or divorced ?- what happens to their estate ?
The starting point is that when you get married this means that any earlier will is automatically revoked. Equally, it is very important to appreciate that under the Wills Act a person remains married until actually divorced. This doesn’t mean merely starting divorce proceedings but actually the divorce completing with a degree absolute being issued.
Very often we have seen families distraught when their parents ( perhaps on a second marriage ) have separated and commenced divorce proceedings only for one of the parties to tragically die midway through the divorce proceedings. It is therefore critical that anyone involved in divorce proceedings ensures that they make a new will.