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The Different Effects Marriage Can Have on Your Will

The Different Effects Marriage Can Have on Your Will

Marriage is a huge step into a new chapter in anyone’s life. However, it also has implications for your afterlife. 

If you believe you see a wedding on the horizon or you just had one, we highly recommend reviewing your will. If you do not currently have one, we suggest you make one, especially now that you’ll have a new dependent.

Regarding Your Existing Will

If you already have a will, marriage or civil partnership will revoke it. However, it will hold if it was drafted anytime before your wedding with the same partner already considered. 

Let’s say you did not have the foresight to do so. In the event of death, your will is revoked, and your estate shall be administered while following the Intestacy Rules.

Intestacy Rules

The Intestacy Rules are the default legislation that the Probate Service will follow if you did not leave a will or it does not contain any specific instruction on settling affairs. In general, your spouse will be the person who can enjoy the benefits of your estate. If you’re married, your spouse is the one you’ll leave it to first.

If you’re already divorced, you can also leave your estate to a girlfriend or boyfriend, as long as one of the following statements is true:

  • You were married at some point
  • Your partner was your civil partner at some point
  • You have a child in common

Should You Make a New Will?

If your will was drafted prior to your marriage, you might want to amend it. An amendment is feasible as an addition and not a full replacement, so your new partner can benefit from it. 

However, if your will was drafted in the same year as your marriage and did not have any special instructions, your new spouse will still be the recipient of your inheritance. If you’d like to prevent this from happening, make sure you add a clause explicitly stating that the new spouse should not benefit from your will.

Regardless of whether you choose to amend your will or make a new one, we advise you to speak with a solicitor about it. Like any piece of legislation, changes will occur throughout the years, and it is up to you to accommodate them in your will.

In the Event of Divorce or Dissolution

Divorce will not revoke your will. Instead, if you didn’t make adjustments to your will before your death, any mention of your spouse will be considered as if they died on the date when your divorce or dissolution was finalised. 

It is highly recommended that you update your will and make changes accordingly in the event of divorce to avoid any further complications.

Conclusion

Regardless of whether you choose to make a new will or update your existing one, we recommend you speak with a solicitor about it. We only provided an overview of the different effects marriage and civil partnerships can have on your will. 

Aside from what we have mentioned, there are many other factors and circumstances that could affect your will, so it is best to address any concerns with a legal professional. Make sure you cover all the bases before you make changes to your will or take the next step in your life.

Get professional help with wills and probate in the UK. Let us take care of your future and financial planning, whether it’s wills, probate, or inheritance tax advice. Secure the best future with Wills and Probate so that you can rest peacefully no matter what. Get in touch with us today.