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15 Aug 2023

Wills & Probate

This is why you need to update your Will when you get married

Marriage is a significant event for everyone involved. If you are getting married, it is important to know the impact it will have on your current Will and whilst you are organising something old, something new, something borrowed and something blue, it is important not to forget about your Will. Afonwy Howell-Pryce from our Wills & Probate team will talk you through how and why to get one in place. explains why.

Despite already having a Will in place, getting married or entering a civil partnership can essentially leave any legally valid Will you had done previously automatically void. In fact, getting married, or entering a civil partnership revokes any former Wills, you have made unless they were drafted in consideration of marriage.

This means that if you don’t either make a Will in contemplation of your marriage or make a new Will after you get married, the law decides who inherits from you after you die.

Dying without a Will is known as dying ‘intestate’ and when this happens, you have no say over how your Estate (your home, money, and personal possessions) is distributed.

When making a Will ‘in contemplation of marriage’, specific details will need to be given of the person that you intend to marry. This can be a good option for engaged couples who want to make Wills but don’t want them to become void after they tie the knot.

You cannot just expect to be married in the future or to marry in general, it must be that you expect to marry a certain person and often refer to the date or year of marriage intended.

The other option is to make a new Will after the marriage has taken place, although this could leave you without a valid Will for a period of time.

It’s not just marriage that affects your Will.

Divorce also has an impact on your Will, and while it will not fully revoke your Will, your ex-spouse will no longer be able to benefit from your Will as a Beneficiary or act as an Executor and/or Trustee.

So, it is important to make sure that you update your Will so that it’s still a true reflection of your wishes.

What if I want to get Remarried?

If you have been married before, have divorced, and are now planning to remarry, the effect that the remarriage will have on your Will is the same as if you were marrying for the first time. That is, the Will becomes void as soon as the marriage has taken place.

Overall, once you have details of the marriage that you will be entering into it’s a good idea to make a new Will.

While there is no clear-cut rule for when a Will must be updated, it is important to review your Will every few years as well as when any major life changes occur.

How We Can Help

If you would like advice on updating your Will, our Wills & Probate department are here to help. Contact us today to make an appointment.

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