When people enter a separation and obtain an Order for either a Judicial Separation (Court Separation) or a Divorce, it is usual that a Court will make Orders removing the legal rights which each spouse has to inherit on the others estate i.e. Succession Act rights.
However, this does not have the effect of abolishing a will that might have been made by the parties during their marriage before they were separated. So, if you are separated but previously made a will leaving everything to your husband/wife and you die without changing it then that will is still valid.
Accordingly, if you are separated/divorced and you previously made a will it is very important at the very least to ensure that that will is destroyed.
You should of course make a new will particularly if you have children so that you can provide for your children in the most tax efficient manner.
If for instance any of your children are under the age of eighteen or in full time education under the age of twenty-one, then you can set up a trust where your estate is held in trust for your children until your youngest reaches the age of eighteen or twenty-one if in full time education. At that point the estate must be administered and divided equally between the children who are alive, at your death.
By making a will you get to choose who the executors are i.e. people who you can trust who will administer the will appropriately.
It may well be that Orders have been made in relation to pensions you own, but if the Orders which relate to pensions do not cover all your pensions, then you can make directions in your will as to what your wishes are in relation to the remaining assets in your pension fund.
If you require any advice on this or any other matter relation to wills or Family Law, please don’t hesitate to contact Brendan Dillon, Emma Dillon, Alice Downey, or Simone Murray on 01 296 0666.
