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What does Marriage have to do with making a Will?

Have you considered what difference your current and future maritial status makes when making your Will?

Unmarried partners are not considered in the rules of intestacy. Getting married will invalidate any existing wills. A spouse remarrying after your death can leave your children with nothing

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What does Marriage have to do with making a Will?

what affect does marriage have on a Will? Before, during and after.

What if you are not married?

If you are with a partner, and you are not married or in a civil partnership, then your partner will not inherit from your estate on your death, and you will not inherit from theirs on their death. Your estate will be distributed in accordance with the rules of intestacy. However, if you have joint assets (property, savings accounts) then these will pass to each other in some instances.

Making a will before you are married

If you make your Will before you get married (or remarried after divorce, or should you become widowed), you should know that in normal circumstances your Will is invalidated and is no longer valid.

What if you know you are to marry?

If you know you are going to marry (or remarry), you can ensure that your Will continues to be valid by putting a clause in your will, stating that you are making the Will in anticipation of Marriage, and naming the person you are betrothed to. You do not have to specify the date, and you do not need to marry them in a set time. If you never marry this person, then your Will still remains valid.

What if a will is invalidated by Marriage?

If your Will is no longer valid and you do not make a new one, then your estate will be distributed in accordance with the rules of intestacy. This could mean that your assets are distributed in a very different way than you would intend. It could mean that your children inherit nothing, depending on the size of your estate.

How might Marriage disinherit your children?

This leads on to a major concern for many, that should they die, their spouse inherits the estate and then remarries, invalidating the Will. When the spouse dies, if they haven’t made their Will again, the estate might then pass to the person they married rather than passing to your children, and then on their death, the whole estate might pass to their children rather than your own.>

There are many simple ways to stop this happening, and a free initial consultation with Goodwills can ensure that any Will remains valid where Marriage is anticipated, and in other circumstances ensure your children inherit as intended and your estate remains with your bloodline.

What next?

Get in contact by calling us on 01666 744002 or using our live chat. Alternatively you can complete our online forms, or book an appointment for a no obligation consultation using our online diary.