Death and Divorce may sound brutal but the subject of Wills and inheritance is important when dealing with divorce.
What do I do if I have divorced but then my ex spouse dies shortly afterwards? This may be an unusual situation but it can happen.
Our clients are advised during the divorce process that they should have a Will or review their existing Will. This is because divorce, meaning the Final Order, formerly known as the Decree Absolute affects inheritance under a Will. The Final Order effectively treats the former spouse as if they have died and any provisions in a Will where any property or assets are bequeathed to the former spouse will pass as if that former spouse had died. In other words if a spouse was to benefit under their spouses Will then that clause will fail and they will not inherit.
With the advent of the no fault divorce