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Harold Stock & Co. Solicitors

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  • Mossley:
    01457 835597
  • Failsworth:
    0161 682 2400
  • Stockport:
    0161 456 5012
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Marriage, Divorce, and Civil Partnership – Factsheet on Wills

Marriage, Divorce, and Civil Partnership – Factsheet on Wills

The Facts:

  • Without a Will the distribution of assets upon your death is decided by an old act of parliament, no regard is had to your preferences.
  • Until a decree absolute is ordered by the court, your spouse could still be a beneficiary of your estate under the archaic intestacy rules, even if you were involved in divorce proceedings prior to your death.
  • Co-habitees have no entitlement to your assets upon your death if you do not have a Will.
  • If you already have a Will and you then marry or form a civil partnership, then that Will is normally automatically revoked.
  • When you divorce or end a civil partnership, once the court order has been made, any Will you already have which names your former spouse or partner, will still apply, but will be read as if your former spouse or partner has died before you.

Our advice:

  • Always have a professionally drafted, up to date Will.
  • Upon any break down of your relationship, consider whether you would still wish the provisions of that Will to apply, it is likely that amendment may be desired.
  • If you do not have a Will already and your relationship breaks down, find out how your estate would be split under the intestacy rules and have a Will professionally drawn to prevent this occurring.
  • Never wait until your decree absolute or final dissolution order is made by the court before addressing the issue of your estate. If you were to pass away whilst proceedings were still ongoing then your spouse or civil partner could still inherit under the intestacy rules or pursuant your existing Will.
  • If you have married or formed a civil partnership since the date of your current Will, you need to make a new Will as it is likely your current Will has been revoked by that marriage or civil partnership.

Should you wish to discuss matters further, please do not hesitate to contact a member of our specialist Wills & Probate team.


Meet our Wills, Trusts and Probate Team


Claire Atkinson image

Claire Atkinson

Solicitor

Tel: 01457 835597

ca@haroldstock.com

Secretary

Debra Walsh
dw2@haroldstock.com

Ivana Bailey image

Ivana Bailey

Solicitor

T: 0161 682 2400

ib@haroldstock.com

Darren McGuinness image

Darren McGuinness

Solicitor

T: 0161 456 5012

dmc@haroldstock.com

Paul Stock image

Paul Stock

Consultant Solicitor

T: 01457 836174

aps@haroldstock.com

Secretary

Anne Bradwell
ab@haroldstock.com

Kelly Jackson image

Kelly Jackson

Probate Executive

T: 01457 835597

kj@haroldstock.com

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harold stock solicitors

Mossley (Head Office)

55-57 Stamford Street
Mossley
Tameside OL5 0LN

Tel: 01457 835597
Fax: 0330 024 9210

harold stock solicitors

Failsworth

Ivy Business Centre
Crown Street
Failsworth M35 9PB

Tel: 0161 682 2400
Fax: 0330 024 9210

harold stock solicitors

Stockport

Pepper House
1 Pepper Road
Stockport SK7 5DP

Tel: 0161 456 5012
Fax: 0330 024 9210

Email: info@haroldstock.com

Harold Stock & Co Solicitors is a trading name of Harold Stock & Co Limited, a Limited Company registered in England and Wales. Company No: 07201476. Registered Office: 55-57 Stamford Street, Mossley, Tameside, OL5 0LN. Authorised and regulated by the Solicitors Regulation Authority (535629). VAT No: 991 015 916 A full list of Directors is available at the Company’s Registered Office.

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