What happens to my Will if I get married or divorced? At significant moments in your life, for example the birth or death of a family member, it’s always a good idea to review your Will to make sure it still reflects your wishes. At these same moments, if you don’t have a Will, it’s a good idea to put one in place to make sure your wishes are carried out and your family is protected. Another significant moment in your life will, of course, be a marriage or divorce – at these times, it’s vital that you review your Will or put one in place if you don’t have one. We’ve discussed below the effect on your Will of a marriage or a divorce – if you’re facing one of these situations and would like to chat to us about updating or making your Will, please call us on 0161 749 9000 or contact us here. Do I need a new Will if I get married? In a word, yes. A marriage will invalidate your Will and unless a new Will is put in place following your marriage, essentially you don’t have a Will. There is one exception to this and that is if your Will has been written “in contemplation of marriage” and the person you are marrying is named in the Will. Your Solicitor will advise you about this if you are going to be married shortly after making your Will, but it is always a good idea to put in place a new Will as soon as possible after your marriage to avoid any risk of your old Will being made invalid. Do I need a new Will if I get divorced? In short, probably. A divorce or dissolution of a civil partnership will mean that, in terms of your Will, your former spouse or civil partner will be deemed to have died on the date that marriage or civil partnership was legally ended. This means that if your former spouse or civil partner is named as an Executor or a Trustee in your Will or receives a gift or share of the Estate, all of which are quite likely, then these parts of the Will would not happen on your death. This may cause problems for the distribution of your Estate, for example if your former spouse or civil partner was the only person to receive a gift or a share of the Estate then this would not happen and your Estate would then be distributed according to the rules of Intestacy which may not be what you want to happen. Another point you need to consider is that, before the marriage or civil partnership is legally ended, your Will is valid. This means that if you pass away before the end of your marriage or civil partnership, your spouse or civil partner will still be an Executor or Trustee and/or receive the gift or share of your Estate. This may not be what you want to happen so it would be a good idea to consider updating your Will if you are in the process of ending your marriage or civil partnership. I want to change my Will or put a Will in place – what should I do now? If you’ve just been married or divorced or you’re about to get married or divorced (or if you just need some advice about your Will), feel free to call Leech & Co on 0161 749 9000 for a free, no-obligation chat.
Learn more about making Wills
Find out more about the importance of making a Will, when you need one, and how a Solicitor can help you plan the best for your loved ones.
Have you been appointed as an Executor in a Will or have been asked to deal with someone’s Estate where there is no Will? If so, do you need some help and guidance to get started and with what you need to do with the Estate? In this article, we’ve tried to answer the most… Read More
Are you worried that your Will doesn’t protect your home and assets? Are you concerned that your home and assets could be given to someone else after you’ve gone or taken for care home fees? Do you want to make sure that your home and assets are protected and passed to your loved ones after… Read More
Trafford now has it’s very own new online Business Magazine – it’s called Connecting Trafford and Issue 1 is available now. Here’s the link. It’s full of stories and information about what’s happening with local businesses in Trafford and it’s well worth a read. Leech & Co are happy and proud to be involved in… Read More
At this time, our health and finances are on our minds like never before. There are all sorts of things that we need to worry about at the moment, but more people than ever have started to worry about their Wills and Powers of Attorney and to think about putting a plan in place to… Read More
If you want to make a Will or take out a Power of Attorney, it would be our advice always to use a Solicitor. Well, we would say that, wouldn’t we?! But, let us explain the reasons why and you might end up agreeing with us. We’ll also talk about the alternatives to using… Read More