Separations, Divorce and Discretionary Trusts

Navigating a separation or divorce can be emotionally and practically challenging. Amidst the many tasks to manage, one crucial area that is often overlooked is the need to update plans for the future, particularly your funeral wishes, estate arrangements, and key documents.

This is where The Farewell Guide offers valuable support.

We provide individuals with a simple, secure way to record, store and share their funeral and end-of-life preferences. Whether you are separating, recently divorced, or simply wish to ensure your affairs are in order, our service ensures your plans reflect your current situation and are accessible to those who need them.

Below, we outline the key considerations and how our platform can support you every step of the way.

 


Why Separation and Divorce Necessitate Reviewing Your Will and Plans

 

A change in relationship status often has a significant impact on your legal and financial arrangements. It’s important to ensure your documents are updated to reflect your current intentions.

If you are separated (but not legally divorced):

Even if you and your spouse live separately, legally you are still married. This can affect how your estate is handled:

  • If you do not have a will, your estranged spouse may still be entitled to inherit under intestacy rules.

  • If you have a will naming your spouse, that instruction remains valid until it is changed.

These scenarios may not align with your current wishes, which is why a review is so important.

If you are divorced:

Following a legal divorce, the law generally treats your former spouse as if they are no longer included in your will. This means:

  • Any bequests to them are revoked.

  • The rest of your will remains valid but could be affected depending on how it was originally drafted.

If your former spouse was a major beneficiary, your estate may be distributed in a way that no longer reflects your intentions.

 


Understanding Discretionary Trusts

 

The concept of a discretionary trust can appear complex, but it is a useful tool in estate planning—particularly during or after divorce.

A discretionary trust allows you to transfer money or assets into a trust, where a group of individuals known as trustees manage them. The beneficiaries do not have automatic rights; instead, the trustees determine:

  • Who should receive funds

  • When they should receive them

  • How much they receive

This structure offers a high level of flexibility and control.

 

Why consider a discretionary trust during a divorce?

  • Asset protection: Assets placed in a trust may not be considered part of your personal estate, which could reduce the risk of claims during divorce proceedings.

  • Flexibility: Trustees can support beneficiaries according to changing needs or circumstances.

  • Forward planning: If you are thinking about supporting children or grandchildren in the future, a trust may be an effective option.

Please note: Courts may still scrutinise trusts as part of divorce settlements. It is advisable to seek legal guidance.

 


How The Farewell Guide Supports You

 

As your personal circumstances evolve, so too should your plans for the future. The Farewell Guide offers a structured yet flexible way to manage and share your preferences with the right people, at the right time.

 

Document Your Funeral Wishes

A change in life circumstances often prompts us to think differently about how we want to be remembered. Through our guided platform, you can:

  • Specify your preferred type of service (or opt out altogether)

  • Choose music, readings, or symbolic gestures

  • Indicate burial or cremation preferences

  • Detail preferences for flowers, charitable donations, or other arrangements

This ensures clarity for your loved ones and helps avoid uncertainty at a difficult time.

 

Secure Digital Storage

Our platform provides a safe, encrypted space for your key documents, including:

  • Wills

  • Trusts and other estate planning documents

  • Funeral plans

  • Personal notes or instructions

Having everything organised and in one place offers peace of mind—for both you and those who may need to access the information later.

 

Controlled Sharing

You retain full control over who can access your information:

  • Share immediately with your solicitor, loved ones, or chosen contacts

  • Alternatively, you can choose to manually share your plans at the appropriate time

This ensures the right people receive the right information, at the right time.

 

Easy Updates

Life continues to change—perhaps you relocate, form new relationships, or revise your wishes. The Farewell Guide makes it easy to:

  • Update your funeral plan

  • Edit contact information

  • Upload new documents or messages

You can log in at any time to review and adjust your plans as needed.

 


Integrating Planning into Your Divorce Process

 

Updating your estate and funeral plans is an important—though often forgotten—part of the divorce process. Here is a checklist to help ensure nothing is overlooked:

Task Why It’s Important How We Help
Make or update your will Avoids unintended inheritances Store securely, share with legal advisers
Update your funeral wishes Ensures arrangements reflect current circumstances Use our funeral planning tools
Review powers of attorney Guarantees trusted individuals can act on your behalf Store and share easily
Update beneficiaries Applies to policies, pensions, etc. Record changes and notify where needed
Inform key contacts Reduces confusion and stress for loved ones

Share information directly from your profile


Life Has Changed...So Should Your Plans

 

Divorce and separation can bring significant changes to your life. By updating your estate and funeral planning documents, you ensure that your future—and your legacy—aligns with your present-day reality.

At The Farewell Guide, we aim to simplify this process, offering a secure and practical space to organise, store, and share your end-of-life plans.

Taking these steps now can relieve loved ones of additional stress later, and give you peace of mind knowing your wishes will be respected.

 


Take the First Step Today

 

You do not need to have every detail sorted straight away. Begin by starting a plan here. Our platform will guide you through the planning process, at your own pace.

Planning for the future is one of the most thoughtful things you can do—for yourself and for those you care about.
 


Related Articles:

Who is Next-of-Kin? And Other Common Questions Answered

Putting Together a Death File: How to get organised before you die

Eight Benefits of a Funeral Plan