Divorce affecting will

[Nical]

My friend and her husband have recently divorced, totally amicably. Her will, made 10 years ago, leaves everything to her now former husband - and she's happy for it to stay like that. There are no children of the marriage. Does this will remain valid, or does the divorce affect things? She lives in Scotland.

[craft1948]

I would have thought that he'll need to amke a new one. If he left everything to his spouse he no longer has one.

[craft1948]

sorry she'll etc.............

[Nical]

Thanks for that - I wondered if my friend would have to have the will changed to remove the 'my husband Joe Bloggs' and replace it with 'Joe Bloggs'.

[mike11111]

I don't know about Scotland, but in English law divorce is treated the same as death as regards wills. If she had left everything to her husband the will is invalid and she will die intestate, leaving her next of kin ready to claim the loot. A codicil or, as this seems such a simple will, a new one is strongly advised. Otherwise there is a risk that the ex-husband gets nothing and the first cousin twice removed cops for the lot.

[Nical]

Thanks, everyone. The will IS a properly drafted one, one by a solicitor a decade ago.I'll get her to check the wording - and I'll suggest she checks with her solicitor whether any change is necessary.

[Buenchico]

From "Wills and Probate" ('Which?' Books/Consumers' Association), in relation to the law in Scotland:
"Bequests to your husband or your wife are not automatically invalidated by your subsequent divorce. Whether your ex-husband or ex-wife would still benefit under your will depends upon the exact wording of the will. So it is better to put the matter beyond doubt by making a new will whether you wish him or her to continue to benefit or to get nothing".

Chris