How does marriage or divorce affect your Will?

The UK sees a large number of marriages or unions, and unfortunately, a proportional amount of separations. At the time of either marriage or divorce, people hardly consider what happens to an existing Will, and understandably so. However, it is important to consider your will in these life-changing moments. In this article, we will explore how marriage and divorce can both affect a person's will.

How Does Marriage Affect a Will?

In England and Wales, any prior legally binding Will becomes invalid when you get married unless the Will makes specific mention of the soon-to-be wedding. Otherwise, marriage will have a significant effect on any pre-existing will. You will need to have a new binding Will drafted after the marriage or face being considered dying "intestate", upon which the court will decide how the Will is to be executed. Neither you nor your spouse will have control over what happens to your Will after your death. If the said clause in your Will states that the Will is not be revoked upon your marriage, it will stand, as long as the marriage took place. This is called a Will made "in contemplation of marriage or civil partnership".

Things get a bit trickier regarding foreign Wills, as the rules will vary from country to country. It is best to seek the advice of a solicitor before drafting a Will that relates to foreign assets.

What Are the Rules of Intestacy?

Unless your Will is drafted "in contemplation", and it is declared "intestate" under UK marriage laws, the Rules of Intestacy state that if you were married with children with an Estate under £270,000, your spouse will automatically be entitled to everything. At the time of print, if the estate exceeds the threshold, your spouse will receive the normal £270,000 along with your personal belongings. The remainder will then be split 50/50 between your spouse any children.

This applies only to biological or adopted children and does not include foster and stepchildren. They can only inherit if your Will was not declared void and if they were specifically named as beneficiaries.

How Does Divorce Affect a Will?

Naturally, a divorce will also impact the validity of your terms of your Will. Unlike marriage, a divorce will not fully revoke your Will, but your ex will not be able to benefit from your Will (unless expressly stated), and will not be allowed to act as an executor or trustee. In essence, as harsh as it sounds, your ex will be treated as a deceased beneficiary, and their part of the estate will have to be divided among the remaining beneficiaries. It is important to get legal advice before you exclude your spouse from your Will if you are only separated but not legally divorced yet, as your spouse may still be allowed to legally claim against your estate for reasonable financial support.

Should you wish for your ex to still inherit post-divorce, say, for the sake of any children you have, you will need to update your Will to ensure that it is still a true reflection of your final wishes.

How Does Remarriage Affect a Will?

If you remarry after a divorce, the exact same rules apply as with your first marriage – the Will becomes void as soon as the marriage takes place, and a new Will has to drafted in place of the old one.

Not drafting a new Will under your new marriage will cause other issues intestate, due to the Rules of Intestacy. As illustrated, the inheritance will default to the current spouse and any children with them, which will inadvertently cause children from previous relationships to be disinherited automatically, with little recourse.

When Is a Good Time to Draft a New Will?

As soon as possible. Neither weddings nor divorces generally take place at the drop of a hat, so it is sensible to update the Will immediately. Most couples get married over weekends when most law firms are closed, and then there is the thrill of the honeymoon (or at least, the honeymoon phase) so it is easy to forget about the real-life details of seeing a solicitor. Likewise, couples have enough on their plate during divorce proceedings, so it can be an easy oversight to forget about updating the Will.