At Blackstone Solicitors, we understand the importance of keeping your Will up to date to ensure your wishes are respected and your loved ones are provided for. Significant life events, such as marriage or divorce, can have a profound impact on your Will and estate planning. In this article, we will explore how marriage and divorce affect your Will and the steps you should take to ensure your Will remains legally valid and reflective of your current wishes.
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The Impact of Marriage on Your Will
Marriage is a joyous occasion that brings about many changes in your life, including legal changes to your estate planning. In England and Wales, getting married automatically revokes any existing Will, unless the Will is explicitly made in contemplation of marriage. This means that if you do not update your Will after getting married, you will be considered to have died intestate, and your estate will be distributed according to the rules of intestacy.
Why Marriage Revokes a Will
The revocation of a Will upon marriage is rooted in the legal presumption that your priorities and intentions may change upon entering into a new marital relationship. The law assumes that you would want to provide for your new spouse, which may not be reflected in an existing Will created before the marriage.
Making a Will in Contemplation of Marriage
To prevent your Will from being automatically revoked by marriage, you can create a Will “in contemplation of marriage.” This means you explicitly state in your Will that you are creating it with the intention of marrying a specific person. By doing so, your Will remains valid even after the marriage takes place, ensuring your wishes are honoured.
Updating Your Will After Marriage
If you do not have a Will in contemplation of marriage, it is essential to create a new Will after getting married. This new Will should reflect your current wishes and take into account your new marital status. Consider the following steps when updating your Will:
- Consult a Solicitor: A solicitor can provide valuable advice on updating your Will and ensuring it meets legal requirements.
- Review Your Beneficiaries: Consider how you want to provide for your spouse and any other beneficiaries, such as children or stepchildren.
- Appoint Executors: Choose individuals you trust to administer your estate according to your updated wishes.
- Consider Guardianship: If you have minor children, appoint guardians to care for them in the event of your death.
The Impact of Divorce on Your Will
Divorce is a significant life event that can also have a substantial impact on your Will. In England and Wales, getting divorced does not automatically revoke your Will. However, it does affect how certain provisions in your Will are interpreted and executed.
How Divorce Affects Your Will
Upon divorce, any provisions in your Will that benefit your former spouse are automatically revoked. This includes any gifts, appointments as executor, trustee, or guardian, and any other provisions that directly benefit your former spouse. The rest of your Will remains valid, and the estate will be distributed as if your former spouse had predeceased you.
Why Divorce Revokes Provisions for a Former Spouse
The automatic revocation of provisions for a former spouse is based on the legal assumption that your intentions towards your former spouse may change upon divorce. The law recognises that you may no longer wish to provide for your former spouse in the same way as you did when you were married.
Updating Your Will After Divorce
It is essential to update your Will after getting divorced to ensure it accurately reflects your current wishes and intentions. Consider the following steps when updating your Will:
- Consult a Solicitor: A solicitor can provide expert guidance on updating your Will and addressing any complex legal issues that may arise from your divorce.
- Review Beneficiaries: Reconsider who you want to benefit from your estate, taking into account any changes in your personal circumstances.
- Appoint New Executors: If your former spouse was named as an executor, appoint new individuals to administer your estate.
- Consider Guardianship: If your former spouse was named as a guardian for your minor children, appoint new guardians to ensure your children are cared for by trusted individuals.
- Update Specific Gifts: Re-evaluate any specific gifts and legacies in your Will to ensure they align with your current intentions.
The Importance of Regularly Reviewing Your Will
Whether you are getting married or divorced, it is crucial to regularly review and update your Will to ensure it remains legally valid and reflective of your current wishes. Life events such as marriage, divorce, the birth of children, or significant changes in your financial situation can all impact your estate planning.
Tips for Reviewing Your Will
- Consult a Solicitor: Seek professional advice to ensure your Will complies with legal requirements and accurately reflects your intentions.
- Keep Records: Maintain detailed records of any changes to your personal circumstances, such as marriage, divorce, or changes in beneficiaries.
- Communicate with Executors: Inform your chosen executors of any updates to your Will and ensure they are aware of their responsibilities.
- Store Your Will Safely: Keep your Will in a secure location, and inform your executors of its whereabouts.
Conclusion
Marriage and divorce are significant life events that can have a profound impact on your Will and estate planning. Understanding how these events affect your Will is essential for ensuring your wishes are respected and your loved ones are provided for. At Blackstone Solicitors, we are here to guide you through the process of updating your Will, offering expert advice and support tailored to your unique circumstances. Contact us today to discuss your estate planning needs and take the first step towards protecting your legacy.
We have a proven track-record of advising upon all aspects of private client work. We will guide you through the process and ensure all checks are carried out swiftly and efficiently and we firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting.to incorporate, what kind of ownership
How to Contact Our Private Client Solicitors
It is important for you to be well informed about the issues and possible implications of writing a Will. However, expert legal support is crucial in terms of ensuring a positive outcome to your case.
To speak to us today, simply call us on 0345 901 0445, or click here to make a free enquiry. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.
Disclaimer: This article provides general information only and does not constitute legal advice on any individual circumstances.
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