The Fixer: do I need a will?

Updated

Have you been left out of pocket due to poor service or sharp practice? Do you have a money problem that won't go away?

It can seem impossible to get a fair result when you are battling a financial issue alone. But never fear! The AOL Money Fixer is here to help.

Dear Fixer,

I am in the process of getting divorced from my husband. We have been married for about five years.

Just after getting married, we wrote a will stating that certain of our assets should go to other relatives. A flat I own, for example, will go to my brother rather than my husband if I die.

Do I need to make a new will now that we are separating? Or will the fact that we are getting divorced invalidate that will?

We do not have any children, so I now want all my belongings to go to my brother and his daughter. Thanks for your help.

S Monson, Bradford

Dear Ms Monson,


Getting divorced does not revoke a will. However, once your "decree absolute" - the court order that finalises a divorce - is made, any provisions in your will that benefit your ex-husband are automatically revoked.

He will not, therefore, stand to inherit anything from your estate. Instead, that right will pass to your brother and any other specified beneficiaries, in accordance with the terms of your will.

It is still a good idea to write a new, up-to-date will, though. There are various ways to do this.

You can, for example, use an online will writing service - although these are not always particularly through and are not suitable if your affairs are at all complicated.

The other main option is to use a solicitor. This generally costs between £100 and £200.

However, November is Will Aid month. And that means you can apply for a solicitor to write you a will for free – in return for a charitable donation of £95.

Visit the Will Aid website or phone 0300 0309 558 to find your nearest participating solicitor.

The Fixer

Whatever your financial problem, write to themoneyfixer@aim.com and The AOL Money Fixer will get on the case.

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