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The scenarios that follow offer some reason why this is so important. Pre Divorce or Separation and a Will is in place: Until a spouse is divorced (or a civil partnership is dissolved), property will still pass upon death under the terms of any will and, commonly, one spouse ( or civil partner) will have bequeathed the whole or a substantial part of his or her estate to the other.

Thus a situation could arise where assets pass to an individual whom a spouse (or civil partner) no longer wishes to benefit from their wealth. Pre Divorce or Separation with no Will in place: Where there is no Will, the rules on intestacy will apply. As such a large part of the intestate's estate will pass to the surviving spouse including all personal belongings.

A separated spouse (or civil partner) may therefore inherit most of the deceased's assets unless action is taken at the time of separation to reverse the position by executing a Will. Post Divorce and a Will is in place: Decree absolute is the final decree and marks the conclusion of the marriage. Under the current law, a divorced spouse (or civil partner) will be treated as if he or she predeceased the deceased person on the date of the divorce for all purposes.

A gift in a Will to a former spouse (or civil partner) will therefore lapse on divorce. This may possibly disinherit the children of a former marriage. Similarly, the appointment of a former spouse as executor and trustee will be void unless the Will provides otherwise.

Should there be a wish to leave property to a former spouse, it should be borne in mind that the spouse exemption does not apply to divorced spouses and as such a gift may therefore be liable to inheritance tax. Following the divorce, either or both former spouses may marry a new partner. Marriage revokes a Will unless the Will was made in contemplation of the new marriage.

Post Divorce with no Will in place: Where no Will has been made and there are children of minority age involved it is not uncommon for a situation to develop where the assets of the deceased pass into trust for their benefit, wholly, but are under the control of the former spouse (as the legal guardian of the children).

The former spouse could appoint additional trustees (their new partner for example?) should they wish to. Similarly, the children of a new partner will have no rights under intestacy.

However, if the children of a new partner are adopted, they will then rank equally with the children of the former marriage. This may well be in accordance with the wishes of those immediately concerned, but if other people, such as grandparents, have left property to `the children of X' this will equally also include the adopted children.

So, the message we have is a simple one. Either review any Will you have in place or consider putting one in place if you separate and / or are getting divorced so that these changes in your circumstances and your future plans and objectives can be catered for.