Making or altering a will when you split up

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If you have not already made a Will, then you should do so now to ensure that any property you own is distributed in the way you want.

If you were married and have separated but not yet divorced, your assets will be dealt with by a complex set of rules called 'the Intestacy Rules', which set out how your assets will be divided between your spouse and your children on your death. This also applies to same-sex Civil Partners from December 2005. Any Will made before your separation is still valid. On divorce or dissolution of a civil partnership, if you or your ex-spouse/civil partner has a will in which either of you may benefit or if either is appointed as the executor, these parts are no longer valid, although the rest of the will continues to be effective.

You may also need to appoint a guardian for your child in the event of your death. This is particularly important if you have sole Parental Responsibility for your child. For more information about this, ask for our booklet, Children's Rights and Parents' Responsibilities.

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