Making a Will in Anticipation of Marriage

Making a Will in Anticipation of Marriage

25 July 2017 Jennifer Duckett

I recently read that marriages in the UK are on the rise and divorces are on the decline, which I wasn’t too surprised to hear given the amount of weddings I have in the diary this year!

Many people aren’t aware that any existing Will they have will be automatically revoked on marriage, unless it was drafted in a specific way to prevent this from happening.  A lot of people make the incorrect assumption that because they are married, they don’t need a Will, thinking that all will pass to their spouse on their death.

When we die without a Will, the laws of intestacy dictate what should happen with our estate.  The law relatively recently changed to allow a surviving spouse to inherit the entire estate, as long as the deceased had no surviving children.  However, where the deceased has children and the value of their estate is worth more than £250,000 – which is often the case in the region Neves are based, given the value of property alone – then the children share in the estate, as well as the surviving spouse.

This scenario can become complex, and when I explain to clients what will happen if they die without a Will, regardless of the fact they are married, the intestacy laws are not what they want. 

If you have married since making your last Will, or intend to marry and have not yet made a Will, I would recommend that you seek legal advice and have your Will professionally drafted to avoid any unnecessary complications in the event of your death.  A solicitor drafting your Will would be able to ensure your Will would not be revoked when you marry, and if you have had a Will revoked by your marriage, a new Will can be drafted for you.

I know it’s not a cheery or romantic topic to discuss with one another in the throes of planning a wedding, or as newly-weds, but it is of great importance. 

I, or any of my colleagues, would be happy to discuss your Will with you, so please do not hesitate to get in touch if you do have any questions.