Expert on why divorce, remarriage & Wills don’t always mix

One of the reasons is attributed to a rise in second marriages and the increased prevalence of ‘blended’ families.

An estimated one third of families in the UK are ‘blended’ – a family unit where one or both partners have children from a previous relationship and have formed a new family together.

With around four in ten marriages ending in divorce, it’s an increasingly common situation which, according to an estates expert, requires parties to review their Wills to avoid costly legal action in the future.

Wills and inheritance expert Steve Bish from S Bish Estate Planning says it’s “absolutely essential” to go through your wishes for your inheritance after you’ve gone.

He said: “It might feel like just another admin task, but it can save your loved ones from stress, upset and sometimes even legal battles.

“Over the last 20 years, I’ve had so many conversations with clients who tell me, ‘We’re not that kind of family – there won’t be any arguments when I’m gone,’ he says.

“I really want to believe that but sadly, I’ve seen too many situations where well-meaning families fall out after someone passes away, especially when there’s been a divorce, remarriage, or a blended family involved.”

After a divorce, any reference to your former spouse in your Will becomes void. That might leave parts of your estate without a beneficiary or even without an executor

If you remarry, your existing Will is automatically invalid unless it was made in contemplation of the marriage.

“If you don’t make a new Will, your estate could be treated as if you died without one at all,” explains Steve.

“In those cases, everything falls under the Rules of Intestacy, which follow a rigid formula regardless of your wishes laid down in a previous Will.”

There have been a number of high profile court cases involving challenges to wills, many by siblings where there have been divorces and remarriages or children from different parents.

Steve continues: “If someone feels they’ve been left out or not adequately provided for whether it’s a cohabiting partner, a stepchild, or a former spouse they may have the legal right to make a claim under the law.

“These claims can be expensive, emotionally draining, and they reduce what’s left for everyone else.

“I’ve seen it happen—and trust me, it’s not a situation you want your family to face.”

Outlining his tips on how best to avoid falling victim to a dispute, Steve added: “When relationships change, your Will should too. Working with a solicitor means you can make your wishes legally binding and crystal clear. It will also reduce the risk of disputes or misunderstandings after you’ve gone.

Most importantly, you’ll get the chance to talk things through with your loved ones now so there are no surprises later.”