The Importance of Updating Your Will Following Marriage, Civil Partnership or Divorce

Marriage and Civil Partnerships

In England and Wales, marriage or the formation of a civil partnership will usually revoke an existing Will, subject to limited exceptions.

Many people are unaware that their Will may have been revoked when they married or formed a civil partnership. If either person dies before making a new Will, their estate may not pass to their chosen beneficiaries.

If you die after marrying or forming a civil partnership without a valid Will, you may die intestate. This means that your estate will be distributed under the statutory intestacy rules rather than in accordance with your personal wishes.

Wills Made in Contemplation of Marriage or Civil Partnership

A Will may be drafted in contemplation of marriage or civil partnership to a named person. If the Will makes clear that it is not intended to be revoked by that marriage or civil partnership, it may remain valid afterwards.

Even where a Will contains this wording, we recommend reviewing it after the marriage or civil partnership to confirm that it remains valid and continues to reflect your wishes.

Divorce

If you divorce or dissolve your civil partnership without updating your Will, the Will generally remains valid. However, unless the Will shows a contrary intention, provisions appointing or benefiting your former spouse or civil partner will generally take effect as though that person had died on the date of the divorce or dissolution. This may affect the appointment of executors and the distribution of your estate, and could result in some or all of your estate passing under the intestacy rules rather than as you intended.

What Do We Recommend?

• Review your Will regularly - particularly after a significant change in your personal circumstances or financial position.

• Keep related arrangements consistent - important life events are a good opportunity to review your lasting powers of attorney, pension nominations, life insurance policies and any death-in-service benefits.

• Seek professional advice - our experienced Wills, Trusts and Probate Team is available to help you review or update your Will.

This article provides general information about the law of England and Wales and does not constitute legal advice. The law and your personal circumstances may change, so you should obtain advice tailored to your situation.