We are all aware that going through a divorce or separation can be stressful and unsettling. During a breakdown in any relationship, your house, assets and family circumstances are all affected. However, it's also important to be aware that you are still legally married even if you live separately. Nothing has changed where your will is concerned.

Any provision you made in your will for your ex partner may not be in accordance with your current wishes, or, if there is no Will, your spouse will inherit under the law of intestacy. The same rule applies whether you have been apart days or years. Therefore, it is essential to write a Will which ensures your estate will be distributed as you would wish and not as dictated by current laws.

The way the current laws apply depends on your personal circumstances, for example:

1. If you are married or in a civil partnership without children, all of your estate and belongings will pass to your spouse.
2. If you are married or in a civil partnership with children, the first £250,000 and all of your belongings will pass immediately to your spouse. The rest of your estate will be divided into 2 equal parts. Half will be held for your children in equal shares until they reach 18, the other half will pass to your spouse.

You should think about how you would like your estate to be divided, and who you would like to be guardian of your children if the unthinkable happened.

As you look to the future, remember to review your will and lasting power of attorney early in the separation stages. It would make life much easier for your loved ones.

If you need any further advice or a review of your current Will please contact Laura Neerunjun or Teresa Williamson. Alternatively, if you need advice on separation or divorce please contact our family department. They will all be happy to help.