As Executor why am I going to do Probate? If you are an Executor then…
Death before divorce is finalised what happens?
This is a very tricky area as there are a number of scenarios that can play out depending exactly where you are in the process when the death occurs. If you have asked for a divorce but nothing has yet happened, then the existing Will remains valid. If you have been divorced but have not completed the financial settlement or written a new Will then the old Will still counts but the person you have divorced is considered to have passed in respect to your Will and cannot inherit or take the position of Executor or Trustee, however any children they brought to the marriage may still be entitled to inherit. If you are divorced and a new Will is in place to match your new situation then everything is complete and your Ex has no claims on your estate. If you need information about your situation then please get in touch.
