Holmes Mackillop Solicitors has emphasised the importance of careful estate planning following periods of significant change, such as marriage, moving in together or separating.
Sarah Makin says that one area that is frequently overlooked is the need to review and update a Will, in particular when entering into an agreement, such as a prenup, divorce settlement, separation or cohabitation agreement.
“While such agreements are not generally drafted to regulate the distribution of a person’s estate on death, they often provide how property and assets should be dealt with and can have consequences after death,” she said.
“In particular, issues can arise where its terms conflict with those under a Will.”
A Will, by contrast, takes effect on death and sets out how an individual’s estate is to be distributed.
Makin notes that prenups, divorce settlements, separation agreements and even cohabitation agreements often include provisions whereby each party discharges any claims they may have against the other’s estate or provide for executors to transfer or receive assets, but questions whether their Will has been updated to reflect this intention.
“With the focus on resolving financial and practical matters, the need to review their Will can sometimes be overlooked,” she said.
“Misalignment between a Will and Minute of Agreement has the potential to give rise to disputes between family members or beneficiaries, creating further complexity and distress at an already difficult time.
“This highlights the importance of reviewing your Will when entering into a Minute of Agreement dealing with your assets and property, to ensure that it too accurately reflects your intentions.”
Makin says it is also sensible to review beneficiary nominations on pensions and insurance policies, as these arrangements operate independently of a Will and, if left outdated, are a common but avoidable source of dispute.
ENDS
For further information please contact Sarah Makin on tel 0141 226 4942
Issued on behalf of Holmes Mackillop by Liquorice Media tel 0141 332 4935 www.liquorice-media.com
Date: 16 Feb26