If you are not married but have children

If you’re not married to your children’s mother or father and you then separate, if anything should happen to you, the other parent will automatically be one of the people put in charge of any money that your children inherit whilst the children are under the age of 18.  For this reason, if you do not want the other parent to have this responsibility, you should choose someone that you trust (such as a sibling or parent) to look after your children’s inheritance, by appointing them to do this in your Will. 

If you are married and then separate (without getting divorced)

Unless you are divorced, a separation from your husband or wife does not mean that they stop being your next of kin.  This means that unless you have stated otherwise in a Will, they would be likely to inherit the majority (or possibly all) of your money and belongings under the Intestacy Rules.

If you have made a Will and your separated husband or wife is listed as a beneficiary in it, this would still be valid up until the point that a Decree Absolute is granted at the end of divorce proceedings.

To appoint legal guardians

If you are separated from your partner and have children, it may be the case that only one parent will have parental responsibility.  It is particularly important to have appointed guardians for your children in a Will if this is the case; one or more people who you trust to become responsible for your children if the last (or only) person with parental responsibility were to die.

If you are getting married

Getting married invalidates any previous Will unless it contains a clause saying that it won’t be revoked by a marriage to that person. It is best to make a Will shortly after you marry, if you have not made one “in contemplation” of the marriage.

Advice about marriage and separation

If you would like some advice from a family law expert, call us for a free initial conversation over the phone and we will help as much as we can.  If it is that you would like to come and see us (or if we aren’t able to answer your questions because we need more time and detail) then we have a fixed fee price for an initial meeting with any of our expert family lawyers.

Bray & Bray have three main offices across Leicestershire, feel free to phone or pop in to talk to our solicitors.

Leicester 0116 254 8871

Hinckley 01455 639 900

Market Harborough 01858 467 181

Find out if you’re eligible for a discounted service

Depending on the number of people you have making a will or lasting power of attorney at the same time, you may be entitled to a multi-will or lasting power of attorney discount. Similarly, we offer discounts to over 65’s who may also be entitled to a further discount if one or more people make a will or lasting power of attorney together. To check whether you are eligible for a discount email Head of Department Andrew Hitchon at ajhitchon@braybray.co.uk or call him on 01858 436 974.

Request a fixed fee initial appointment

Depending on the nature of your enquiry, you may be able to book an initial appointment with a specialist family law solicitor at a fixed, set price. This price will include a full hour of the solicitor’s time as well as an email or letter to confirm what was discussed in writing. To request a fixed fee initial appointment, email Head of Department David Berridge at dberridge@braybray.co.uk or call him on 0116 2045 380.