There are a lot of urban legends about this so ignore them and read this.

There are 2 major issues to be considered – your Will and the law of inheritance.

Your Will
Only divorce (and thus, not separation) affects your Will and so, if you do not want to benefit the separated one, then change your Will NOW!

(And you can do it, literally, now. See below.)

Most people want to benefit their children but your Will rules and your spouse will inherit anything left in it. For most, that is likely to be everything as the marriage was, probably, in good shape when you made your Will.

The law of inheritance
Making a Will not mentioning your spouse does not mean that they cannot claim something but you are, by making a new Will, reducing it to the legal minimum.

You can, of course, leave them something.

If you do not make a new Will, then it will be your kids who have to make a claim and it is they who will inherit very little.

No will at all?
So far I have spoken of those who have made a Will and not changed it but what of those without a Will at all?

Such folk in a much worse position as, under the Scots law made in 2012, your spouse is likely to inherit everything leaving nothing for your children at all.

For those on their 2nd time around, that is even more important as their spouse is unlikely to benefit your children but only their own.

There will be those who say that they are making arrangements through a separation agreement. That is all well and good but, until that is signed, it means nothing. My experience is that arranging an agreement takes years rather than months and, in the meantime, you are vulnerable.

I have even heard some say that they will leave it until after their divorce. Very  wrong.

Even if you do not want the separation and divorce and think your spouse may change his or her mind, making a Will does not make divorce more likely as no one will know. But, if you do not, your children are vulnerable.

Many folk worry that that making a Will takes a long time. It does not have to. You can make your Will right now without leaving home.

My company’s system is:-

– Easy to use.
– Excellent value for money – save £100’s compared to seeing a Solicitor.
– Convenient- you can do it at home or at the office.
– Security – your Will is designed by me, a Scottish Solicitor with over 25 years experience and over 15 years providing this service online.
– Fixed, inexpensive costs – MyScottishWill charges only £49.95 for your Will. Solicitors fees vary but you might expect to pay, approximately, £150-£300.
– Will checking and storage service.
– Free information – this website is packed full of information about why you should make your Will, the legal jargon and a frequently asked questions page.

So, all in all, my advice is to make a new Will now. All my Wills revoke all previous Wills.

Bruce de Wert
Scottish Solicitor