Changing Your Will to Favour Your Children After Divorce

Do you have a will? You should have. It’s your way of making your wishes known and distributing your property and assets after your death and as such, it’s a very important item.

If you’re married or with a partner and own a house and have children, then you definitely should have a will. But when your circumstances change, you need to remember to change your will, otherwise you’ll find that, on your death, your former partner could receive everything you desired in your old will.

Things to Consider When Changing Your Will

You need to look at your assets, everything you own. After splitting with a partner, the chances are you’ll have a lot less than you did before. In some cases it might feel that you have next to nothing, and certainly very little to leave anyone. However, you want to provide for your children in the event of your death, so you need to see your solicitor and make changes to ensure they will inherit whatever you have. Remember, too, that assets aren’t all material; they can include heirlooms, family photographs and memorabilia, too, things you want your children to have and by which they remember you.

If, say, you’ve bought a house or flat, make sure it goes to your children (if you have more than one child, spread it equally between them. If they’re under 18, it will need to be held in trust for them until they come of age). The same is true for all your financial assets – have them held in trust until your children are old enough. This has the effect of making sure your former partner can’t touch them.

The chances are that under your old will, your former partner would have been the executor of your estate. Obviously, you’ll need to change that. If your children are over 18, you can appoint them as executors, although consult them first. It’s a relatively simple procedure, and if you’re not sure, your solicitor will be able to advise you on the mechanics and wording.

If You Find a New Partner

Moving in with, or marrying, a new partner is another huge change in your circumstances, and one that will require a new will. However, much as you love this new person in your life (and possibly any children she already has, as well as any you may have together), don’t forget your own children. Be equitable in the way you leave your assets.

The Act of Changing Your Will

The sheer act of changing your will is an admission that things have changed and that you’ve moved on. Don’t be afraid to consult with your solicitor about the best way to do it – after all, he has the legal knowledge, and you’re paying for his expertise.

Depending on their ages, there’s no need to tell your children what you’ve done. In many instances, in fact, it’s better to say nothing. Your children might only worry that you’re going to die soon, and that one of the pillars of their lives will be removed. With older children, explaining things can be good – and important, if they’re adults can also be executors for you.

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