Getting married is one of life’s biggest milestones.
Between planning the wedding, settling into married life and perhaps even buying a home together, reviewing your Will is unlikely to be at the top of your to-do list.
However, many people are surprised to learn that getting married can have a significant impact on an existing Will.
Does Marriage Affect My Will?
In most cases, yes.
Under the law in England and Wales, marriage generally revokes an existing Will. This means that a Will made before marriage may no longer be valid once you are married.
There is an exception where a Will has been specifically drafted in contemplation of a particular marriage, but this is something that needs to be addressed when the Will is prepared.
Without this provision, marriage will usually cancel the existing Will.
Why Does This Matter?
Many people assume that because they already have a Will in place, nothing further needs to be done after getting married.
Unfortunately, this can lead to unintended consequences.
If your previous Will has been revoked and no new Will has been put in place, your estate may be distributed according to the rules of intestacy rather than your personal wishes.
This can create uncertainty for loved ones and may not reflect the arrangements you intended.
Doesn’t Everything Automatically Go to My Spouse?
This is one of the most common misconceptions we hear.
While spouses often have significant rights under the intestacy rules, it is not always as straightforward as many people believe.
The position can vary depending on factors such as:
- Whether you have children
- The value of your estate
- The assets you own
- How those assets are held
A Will allows you to clearly set out your wishes rather than relying on default legal rules.
What About Unmarried Couples?
The opposite misconception is equally common.
Many couples who have lived together for years assume they have the same legal rights as married couples.
In reality, there is no such thing as a “common law spouse” under the law of England and Wales.
If you die without a valid Will, an unmarried partner does not automatically inherit under the rules of intestacy, regardless of how long you have been together.
This can come as a surprise to many families and may create additional difficulties at an already challenging time.
Other Life Events Worth Reviewing Your Will For
Marriage is not the only milestone that should prompt a review.
It can also be sensible to revisit your arrangements following:
- Divorce or separation
- Buying or selling a property
- Having children or grandchildren
- Significant changes in financial circumstances
- The death of an Executor or beneficiary
- Changes in tax legislation
Even if nothing major has changed, reviewing your Will periodically can provide reassurance that it still reflects your wishes.
A Good Time to Check
Many people see making a Will as a task that only needs to be completed once.
In reality, a Will should evolve alongside your life and circumstances.
Major life events often provide a useful opportunity to review existing arrangements, ensure your wishes remain up to date and give yourself confidence that everything is structured as intended.
If you would like to review an existing Will or discuss your circumstances, our team would be happy to help.
Anvoner Law
Clarity. Care. Confidence.
