Written by
Andrew Best
Trainee Solicitor
The guitar George Michael used in his 1987 ‘Faith’ music video sold for £234,480 in October 2026. Behind the auction was a family disagreement that highlights why making a will should not wait until a divorce is finalised.
Key Takeaways
1
If you are separating or divorcing, it is important to review and update your will before your divorce is legally finalised to ensure your estate passes to your chosen beneficiaries.
2
Until a divorce is finalised, your spouse generally retains their inheritance rights under an existing will or the intestacy rules if you die without a valid will.
3
Updating your will during separation can help protect your assets, reflect your wishes and provide peace of mind about what happens to your estate.
George Michael’s guitar formed part of a collection belonging to Siobhan Bailey, who worked as George Michael’s personal assistant for 20 years. Alongside it were gold and platinum discs, photographs and tour memorabilia from his solo career and his time with Wham!. According to her brother, Gerard Bailey, the singer had given her the guitar as a personal gift.
The Importance of Making a Will
Siobhan died in 2014 while divorcing her husband, Ian Belcher. Gerard told the BBC that she had been preparing a will intended to leave the memorabilia to her nieces and nephews. However, she died without a valid will and while still legally married, meaning the collection passed to her estranged husband.
When the collection was offered for auction, Gerard objected to the sale and the use of his sister’s name to promote it, saying he believed she would have wanted the items to stay within the family. He acknowledged that Mr Belcher had the legal right to sell them. Sworders auction house also confirmed that ownership of the collection was not in dispute.
The story is a reminder that separating and legally ending a marriage are not the same thing. If you areseparating or divorcing, it is important to review your existing will – or put one in place if you do not already have one.
Why Is It Important to Update Your Will During Separation?
If you were to die prior to your divorce being finalised and you have a will leaving assets/gift to your spouse/partner, then your spouse or civil partner will benefit from your estate.
Even if you don’t have a valid Will in place, and you die intestate (i.e. which means that you don’t have a will) then, just as what happened in the case of George Michael’s personal assistant, Siobhan Bailey, your estate will pass to your next of kin, which prior to the divorce being finalised, would be your spouse/partner, as legally you are still married to each other. See below
By updating your will on separation and prior to the divorce being finalised, you can specify who your assets go to upon your death. You can also remove your spouse from having any benefit under the terms of your will.
Once a divorce is finalised, any gifts made to your ex-spouse under a previous will would fail automatically, and if they are appointed as an executor, they will no longer be able to act as such. This will only apply, however, if the final order for the divorce has been granted by the courts.
Need Advice on Updating Your Will During Separation or Divorce?
Howell Jones, Solicitors in Surrey, can help you review or prepare a new will following a separation, ensuring your wishes are clearly documented and your assets are protected.
We can guide you through your options and help you understand how divorce proceedings may affect your estate and inheritance arrangements.
For advice on making or updating your will, contact our Divorce Solicitors in Surrey today to discuss how we can help provide peace of mind for the future.
