Marriage and Your Will: What You Need to Know
Did you know that getting married automatically invalidates any existing Will you have? It’s a little-known fact that catches many people by surprise, and it can have significant implications for your estate and your loved ones. Whether you’re newly married or planning a wedding, it’s essential to understand how marriage affects your Will and what steps you can take to protect your wishes.
Why Does Marriage Invalidate a Will?
Under UK law, marriage automatically revokes a Will unless it was explicitly made in contemplation of that marriage. This means that if you’ve already made a Will and then get married, it is no longer valid. Instead, your estate will be distributed according to the rules of intestacy—essentially leaving the division of your assets up to the law, not your personal wishes.
What Happens If You Don’t Update Your Will After Marriage?
If you pass away without updating your Will post-marriage, your estate will be divided as follows under intestacy rules:
Your spouse will inherit the first £322,000 of your estate, all your personal possessions, and half of the remainder of your estate.
Your children, if you have any, will share the other half of the remainder.
This may not reflect your wishes, particularly if you have children from a previous relationship, stepchildren, or other people you wish to provide for.
Planning for a Marriage or Civil Partnership
If you’re planning to marry or enter into a civil partnership, it’s important to review your estate plans. Here’s what you can do:
Make a New Will: Create a new Will that reflects your current wishes and includes provisions for your spouse and any other beneficiaries.
In Contemplation of Marriage: If you’re writing a Will before your wedding, you can include a clause stating that it is made in contemplation of your upcoming marriage. This ensures your Will remains valid after the wedding.
Include Stepchildren: Unlike biological children, stepchildren aren’t automatically entitled to inherit under intestacy rules. If you want to include them in your plans, a new Will is essential.
Second Marriages and Blended Families
Marriage can also complicate estate planning for those entering a second marriage or those with blended families. A carefully drafted Will can help balance the needs of a new spouse with those of children from a previous relationship, ensuring your estate is distributed fairly.
Avoiding Intestacy and Protecting Your Loved Ones
Updating your Will after marriage isn’t just a legal necessity—it’s an act of care and consideration for your loved ones. It ensures your assets are distributed according to your wishes and avoids potential disputes or financial complications for your family.
How I Can Help
If you’re newly married, engaged, or planning your wedding, I’m here to help you review your estate plans and ensure everything is in order. Updating your Will is a straightforward process that can bring you and your family peace of mind.
Contact me today for a no-obligation chat about how I can help you protect your future.
Email: hannah@hannahhowesolicitor.co.uk
Phone: (0115) 8244960
