When ‘I Do’ Undoes Your Will – How Marriage Revokes a Will
Solicitor, Private Client
When ‘I Do’ does not mean “I will leave you all that I have if I die”
For so many, marriage is a fresh start, a new chapter with big plans for the future but while couples are busy wedding planning, one crucial detail is often overlooked: How marriage can drastically affect your lifetime planning.
Not everyone realises that marriage automatically cancels an existing Will. This means that your carefully drafted document, perhaps outlining gifts to family, friends or charities, will no longer be valid the moment you marry. This is even if everything is left to the person that you marry.
The effect of this is that you die without a valid will (even though your previous will was valid), and your estate is subject to the “Intestacy” rules. These do not leave everything to your spouse if you have children. In other words, the law and the state decides who inherits your assets and as importantly, who has the authority to deal with your estate. Of course, this may very well not be what you would have wanted.
Failing to update your Will after marriage has the potential to leave your loved ones in a difficult position. This is very problematic if you have young children or children from a previous relationship.
There is an important thing to consider. If you create a Will in anticipation of your marriage to a particular person, it will not be revoked (cancelled) when you marry them. So, if you are planning to marry, or have recently done so, taking a few proactive steps can make a huge difference. Our specialist private client team is available to review your existing arrangements and provide tailored advice to ensure your Will reflects your current wishes. Please do not hesitate if you would like to speak to a member of the team.
A Will is more than a legal document, it protects your legacy and your loved ones and ensuring that it aligns with your life after marriage isn’t just sensible, it’s essential.
