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Wills, Marriage and Divorce

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It may not be the first thing you think about when you tie the knot, but it is important to

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Wills, Marriage and Divorce

19/09/2018

It may not be the first thing you think about when you tie the knot, but it is important to take the time to consider the effect of marriage on any existing Will. Many people are blissfully unaware that when they marry, or enter into a civil partnership, their Will is automatically revoked. The effect of this for you if you are getting married is that your estate will pass on your death under the rules of intestacy – in other words, as if you had no Will at all. This may well not be what you want for your new spouse, or indeed your children or other family members. It is therefore essential to make a new Will as soon as possible.

You can make provision for a future marriage or civil partnership in advance by drawing up a Will ‘in contemplation of marriage’. However, you must be planning to marry in the not too distant future and must have a particular person in mind – you cannot just say that one day you hope to marry someone.

Likewise when you divorce, you should consider a new Will. Divorce does not automatically revoke a Will, but has the effect of treating your ex-spouse or civil partner as having died on the date of the decree absolute. Gifts in a Will to a former spouse or civil partner – and the appointment of them as an executor/trustee – will therefore not take effect. Again it is essential to review your Will at this time.

Whiskers LLP would be happy to assist with the review of your Will, and draw up a new Will if required. Please contact our Wills and Probate department for further information.

Harlow: 01279 439439
Epping: 01992 561111
Stortford: 01279 501550
enquiries@whiskers.co.uk


By Liz Middleton
Whiskers LLP Wills & Probate Team

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