Will you marry me? – the importance of considering your Will upon marriage

With the Royal Wedding soon upon us, firmly marking the start of the summer wedding season, some may think this a strange time to consider writing or amending your Will, particularly with the endless “to-do” list to work through before your wedding day. However, it is crucial to consider you Will at this time to ensure you have planned ahead for the future.

If you already have a Will in existence, this Will is automatically revoked on marriage/civil partnership. This means that, unless that Will was drafted in contemplation of that marriage/civil partnership, your Will is no longer valid following your marriage/civil partnership and therefore, any legacies, gifts or wishes you made in this Will, will not be considered on your passing. Instead, the rules of intestacy will be followed when dealing with your estate. This is particularly important to consider if you have children from a previous relationship to ensure that any specific gifts you would like to leave them are protected.

However, if you are expecting to marry your partner in the foreseeable future at the time your Will is drafted, your Will can be drafted “in contemplation of marriage/civil partnership” to your named partner, specifying your intention that the Will should not be revoked upon your marriage.

Providing the conditions are satisfied, this will ensure that your Will is valid after you are married. Alternatively, if you were not able to draw up your Will prior to your marriage, it is vital that you take steps to have a new Will drafted as soon as possible to avoid any potential issues arising in the future.

If any of the above resonates with you, please contact our Wills and Probate department on 01702 338338 who will be happy to assist you in drafting your Will.