As we welcome the early signs of Spring, the new wedding season is almost upon us! As many couples eagerly await their big day, we thought it would be a good time to remind you what happens to a Will (if you have one) if you get married or enter into a Civil Partnership.
Our Amye Aris, Head of Wills and Probate for New Leaf Solicitors, discusses this topic below. This is especially important for couples with blended families, perhaps marrying for a second or third time, or who have children from previous relationships.
As we welcome the early signs of Spring, the new wedding season is almost upon us! As many couples eagerly await their big day, we thought it would be a good time to remind you what happens to a Will (if you have one) if you get married or enter into a Civil Partnership.
Our Amye Aris, Head of Wills and Probate for New Leaf Solicitors, discusses this topic below. This is especially important for couples with blended families, perhaps marrying for a second or third time, or who have children from previous relationships.
WHAT HAPPENS TO MY CURRENT WILL IF I WERE TO GET MARRIED?
Generally speaking, the act of a marriage or a Civil Partnership automatically revokes any Wills that have gone before it, which often surprises our clients when we tell them this if they’re thinking of marriage in the future!
There is one exception to this rule, and that is if the Will has been carefully drafted to include a clause in contemplation of a marriage. So long as the Will stipulates who it is you intend to marry then it wouldn’t be revoked, however it needs to be specific and can’t broadly encompass some sort of wedding in the future! If you marry someone other than who you had included in your Will, then a new Will would need to be drafted, as that one would still be revoked.
WHAT HAPPENS IF MY WILL IS REVOKED BY A FUTURE MARRIAGE – WHAT ARE THE CONSEQUENCES?
If nothing was mentioned in your Will to stop it from being revoked by the act of marriage, then the party concerned is known as being “intestate”. This means that the Rules of Intestacy will apply to your estate if you don’t make another Will before you die. These rules set out who would inherit from your estate in list of priority. Your new spouse in most cases would automatically inherit everything or a large proportion of the estate under these rules, which may not have been your wishes at the time of the marriage. This is especially prudent if you have children from a previous marriage who you had assumed would inherit from you, but who would potentially miss out if no new Will is entered into.
WHAT SHOULD I DO LEADING UP TO A WEDDING OR CIVIL CEREMONY TO PROTECT AGAINST THIS FROM HAPPENING?
We would advise you to review your current Will and if you don’t have one speak to a solicitor about making one in contemplation of your forthcoming nuptials. Alternatively, seek advice as soon as you can after the ceremony to ensure that your wishes are met and that your loved ones will benefit from your estate in accordance with your wishes.
For more information or advice on protecting blended families and how a Will can be drafted in contemplation of a marriage please contact us on amyearis@newleafsolicitors.co.uk or 01908 542 677
