When significant life events occur, such as marriage or divorce, it is essential to review and, where necessary, update your existing Will. These changes in personal status can have serious legal implications for your estate planning. At Oliver & Co Solicitors, we frequently advise clients on the importance of keeping their Wills up to date to reflect their changing circumstances.
Marriage automatically revokes any Will made Prior
In England and Wales, marriage automatically revokes any Will made prior to that marriage, unless the Will explicitly states it was made in contemplation of that marriage. This legal principle exists to protect the new spouse’s rights, but it can lead to unintended consequences.
If a new Will is not made after marriage, the individual is considered to have died intestate, meaning their estate will be distributed according to the intestacy rules set out in law. These rules may not align with a person’s intentions, especially if they have children from a previous relationship, dependent relatives, or specific testamentary wishes. It is therefore important that before marriage, consideration is given to the distribution of a person’s estate to ensure it is being left to the desired beneficiaries.
Divorce does not Revoke an Existing Will
Divorce, unlike marriage, does not have the effect of revoking an existing Will. However, in most jurisdictions, it does alter the effect of any provision in a Will that benefits the former spouse. Specifically, once a divorce is finalised:
- Any gift to the former spouse is treated as if they had predeceased the testator.
- Any appointment of the former spouse as executor or trustee becomes void.
This can result in partial intestacy or an ineffective Will if no alternate arrangements are in place. Moreover, if the Will does not adequately address these changes, it may lead to disputes among beneficiaries or delays in administering the estate. Again, it is important to ensure that an existing Will, post-divorce, is reviewed and where necessary changed to reflect the person’s revised wishes.
Cohabiting Partners do not have the Same Rights
It is also worth noting that cohabiting partners do not have the same automatic rights as married spouses or civil partners. If you enter a new relationship after divorce or separation, and do not marry or register a civil partnership, your new partner will not automatically inherit from your estate unless you make specific provision for them in your Will.
Similarly, registering a civil partnership has the same revocatory effect on an existing Will as marriage, and the same principles outlined above will apply.
Practical Considerations that we Recommend to Protect You
To ensure that your estate passes in accordance with your current wishes and is legally binding, we recommend the following:
- Review your Will frequently – It is sensible do this every 3 years but sooner should any substantial changes happen in your life such as on marriage, divorce, the start or end of a civil partnership.
- Use a Solicitor – Take advice from a qualified Wills and Probate solicitor to ensure that your Will is valid and reflects your wishes.
- Update other estate planning documents – When a major life changing event takes place, ensure that you also review other legal documents such as your Lasting Powers of Attorney, life insurance policies, and pension nomination forms, to maintain consistency.
How we can help
At Oliver & Co Solicitors, we understand how overwhelming life changes can be. However, ensuring your Will is up to date is one of the most important steps you can take to protect your assets and provide peace of mind for your loved ones. Our experienced Wills and Probate team are here to assist you every step of the way.
Please do contact us today on 01244 312306 or complete our quick contact form to arrange an appointment with a member of our specialist team and ensure your estate planning is in order. We offer an initial free 10-minute telephone consultation so that you can obtain some immediate advice. Following this, we are happy to conduct appointments in the office, over the phone or by video call.
