In the article we are going to explore marriage and Wills as well as divorce and the impact on Will planning. This is part two of our articles on the subject. Whether going through the excitement of planning a wedding and looking forward to getting married or the trauma -and consideration of your spouse /children- when going through a divorce, the last thing often to be considered is the effect either of these events have on an existing Will, the ramifications of which can be extensive.
It is important to point out to readers, that laws regarding the making of Wills are different in different countries. It is therefore important that a lawyer in the appropriate country examines the Will and advises you accordingly.
MARRIAGE
Marriage and Wills – They go hand in hand. In England and Wales, extant Wills are automatically revoked upon marriage or civil partnership UNLESS when making the Will a ‘Contemplation of Marriage or Civil Partnership’ clause- naming the individual- is inserted.
This applies even if the union occurs after an extended period of living (and possibly having a family) together.
If -when considering the situation- you think at the onset of your marriage you don’t need a new Will because you haven’t acquired much in the way of assets, you might reflect on the speed at which circumstances can develop.
A sudden inheritance due to unforeseen occurrences such as Illness or tragic accident may arise. Other considerations are insurances and works pensions payable on death. Obligations and default legal outcomes shift as a consequence of marriage. As professional Will Writers we are able to advise you on options and it’s best to be prepared.
Conclusion: If you’re in a couple, then consider our article about marriage and Wills.
DIVORCE
Obviously divorce is not something we contemplate whilst happily married but having made the decision to end the marriage it’s important to consider practicalities. 50% of marriages in divorce so this is something to be mindful of.
Divorce won’t fully revoke your Will but it may profoundly alter its effect. Your ex-spouse will not be able to act as your Executor or Trustee. They will no longer be able to benefit from the Will unless you have specifically expressed that they should. They will in fact be treated as having died before you.
Separation is not the same as divorce, you remain legally married and the Will remains valid. If you don’t wish your spouse to inherit under the terms of the Will, you need to make a new one at this stage. You are not divorced until a decree-nici is issued.
If you remarry and each of you have children from previous relationships, in order to protect and provide for them, it is important to make a new Will stating clearly your wishes and naming said children.
For the avoidance of doubt, there is no such thing as ‘common law’ marriages/civil partnership in English law, and no reciprocal legal rights accrue to those in such relationships .
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If you die INTESTATE-that is without a legally valid Will in place- you will have no say over the distribution of your estate. The Rules of Intestacy – Inheritance Laws -will apply.
Please note that the Rules of Intestacy do not recognise STEP CHILDREN and FOSTER CHILDREN if you wish them to inherit from your estate you MUST name them as Beneficiaries.
Please remember at Confidence Wills we have the expertise to advise and guide you through difficult and complex situations. We are here to help you. Please feel able to contact us – without obligation.