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Impact of divorce on Wills & LPAs

View profile for Jessica Latimer
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According to the latest figures the current rate of marriages ending in divorce in the UK is 42%. When going through divorce proceedings it is important to review and consider your Wills and Lasting Powers of Attorneys, and the implications divorce has on them.

LPAs & Divorce

On divorce your ex-spouse’s appointment as your Attorney will end on dissolution of marriage. However, it is important to review how your LPA was set up as the validity of your LPA could be affected.

  1. Type of Appointment

Sole Attorney

If only your ex- Spouse was appointed and no one else in Replacement, your LPA would fail.

Attorneys appointed Jointly

If other attorneys were appointed jointly then remaining attorneys would no longer be able to act.

Attorneys appointed Jointly or Jointly/ Severally

If other attorneys were appointed jointly and severally then the remaining attorneys would still be able to act without your ex-spouse.

If other attorneys were appointed jointly and severally then the remaining attorneys would still be able to act without your ex-spouse.

  1. Disclaim your Appointment

If you were appointed as attorney for your spouse you would remain so until the divorce is finalised. Should you wish to end your Appointment before this, you could complete a form of disclaimer. The OPG would then be able to remove you asAttorney before divorce proceedings were finalised.

  1. Instructions

The only way divorce would not revoke your spouses ability to act as your Attorney on divorce is if you have included an appropriate instruction in your LPA.

Our solicitors at Johnson Astills can assist in reviewing your LPAs in light of your divorce. To ensure that you have appropriate Attorneys who are in a position to continue to act for you.

Wills and Divorce

Divorce does not revoke your Will, it does however cause any gift to your ex-spouse to fail, as if they had died, but only once the divorce is finalised (Decree Absolute).

It is important to review your Will  during divorce proceedings to ensure that the correct provisions are in place.

Our solicitors at Johnson Astills can assist in reviewing and updating your Willls as your circumstances change. We recommend you review your Will as your circumstance change. Some key life events are;

  • Marriage
  • Divorce
  • Birth of a child
  • Change in financial circumstances.

Here at Johnson Astills, we offer a fixed fee Will and LPA service.