The Importance of Keeping Your Will Updated: What You Need to Know About Marriage and Divorce

Making a Will is a vital step in making sure that your wishes are carried out after you die. However, it’s not just about making a Will – it’s just as important to keep it updated whenever there are significant changes in your life. Key events, such as marriage and divorce, can have a considerable impact on your Will, and failing to review it could mean that your estate doesn’t pass according to your intentions.

Marriage and Divorce: Why You Should Take Action

Did you know that both marriage and divorce can affect your Will? Understanding the legal consequences can save you from confusion and potential disputes after your death.

Firstly, if you marry or form a civil partnership after making a Will, your existing Will is automatically revoked, leaving you without a valid Will. If you were to die in this situation, your estate would be distributed according to the rules of intestacy. This could lead to your assets being shared in a way that you hadn’t intended, potentially creating problems for your loved ones.

To prevent this, if you intend to marry or form a civil partnership, you can create a Will ‘in contemplation of marriage’. This special type of Will ensures that your Will remains valid even after you marry, providing peace of mind that your wishes will be honoured and leaving you to enjoy your big day.

What Happens if You Divorce?

Unlike marriage, divorce (or ending a civil partnership) does not automatically revoke your Will. However, the law does treat your ex-spouse as if they had died before you. This means that any references to your ex-spouse in your Will – whether they are an executor, a beneficiary, or mentioned in any other capacity – will be ignored. Essentially, they are treated as though they are no longer part of your Will.

It’s important to note that this rule only applies after your divorce is finalised. If you pass away while in the process of divorcing, your existing Will remains valid, even if it still names your spouse. This can be a particularly tricky situation, as your Will may no longer reflect your current wishes if you have already started the divorce process.

Reviewing Your Will During Separation or Divorce

If you are in the midst of a separation, divorce or dissolution of a civil partnership, it’s crucial to review your Will as soon as possible. The uncertainty surrounding your marital status means that your existing Will might not accurately reflect your intentions. If you have any concerns about your ex-spouse’s involvement in your estate, now is the time to make the necessary updates.

By ensuring that your Will reflects your current situation, you can avoid the complications and heartache that could arise if your estate is distributed in a way you hadn’t intended.

Take Action Today

Whether you are getting married, divorcing, or simply going through a life change, it’s essential to ensure your Will reflects your wishes. Our team of experienced solicitors is here to help you navigate these important matters, providing guidance on how to update your Will and ensuring your estate is handled exactly as you would like.

If you haven’t reviewed your Will in a while, contact us today to schedule an appointment. Let us help you make sure that your wishes are carried out and your loved ones are cared for after you have gone.