Kindly explain will drafting for a person whose divorce case is ongoing

[Quickbear7109]

Q

Quickbear7109
PARTICIPANT
April 25, 2025 at 7:25 pm

So let me try to explain my situation. I have been going through a divorce for the past 3 years. I have also been in a stable relationship for the past two years. I am also likely to secure a good government job in the near future. I also want to get a life insurance in the near future to secure my current partner of two years.

Now we come to the crux of the issue. From what I understand, even while the divorce case is ongoing, the beneficiary of my income and wealth will be my wife, even though we have been separated for 3 years and divorce is filed for cruelty. In the event I die, the beneficiary will be my wife and she might even get a compassionate job from the government. So I want to draft a will clearly excluding my soon to be ex wife from any income, wealth, compassionate job or life insurance or health insurance benefits. I also want to make my current partner the beneficiary for all these possible benefits despite the fact that we cannot get married due to ongoing case.

So my question is – Can all this be done through a will? Specifically, I have doubts about whether it is possible to ensure that the benefits of life insurance go to my current partner and NOT to my wife. Also I want to ensure that my wife will not benefit from any possible compassionate job as a result of my government job. Kindly advise me.

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[Taruneagle117]

T

Taruneagle117
PARTICIPANT
April 30, 2025 at 12:56 pm

Lawyer here.

Short answer, no.

As long as your wife is legally your wife, your current partner cannot claim any rights even if there is a will.

A will only allows you to distribute your own assets after your death.

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