Going through a divorce can be both emotionally distressing and technically challenging at the best of times. However, in the event of one spouse dying during or shortly after divorce proceedings it can bring an added element of complication. Although this is thankfully a very rare occurrence, there are options to consider depending on the stage divorce proceedings have reached.
How do you avoid 1975 Act claims against your estate? The Court of Appeal decision in the case of Illott v Mitson made headlines in 2015 as many people feared it represented an attack on testamentary freedom.
"He that dies pays all debts," says Shakespeare in the Tempest. Indeed, debts are payable from a deceased’s estate on their passing - and not by their beneficiaries or family if the estate has insufficient assets to cover the liabilities.
Wills so often reflect not only the wishes of a testator, but their character and sense of humour (good and bad!). For some, the temptation to cause mischief or raise a smile from beyond the grave is too much to resist.