Marriage Or Divorce: What Happens To My Will?

Wedding Rings

In her latest blog, Family Law Solicitor Jessica Barnett discusses what happens to your Will if you should get married or divorced…

It is Dying Matters Week and we thought it a good opportunity to explain the connection between your Wills and your marriage or divorce.

I Am Getting Married, What Happens To My Will?

Sometimes people consider a pre-nuptial agreement when they have plans to get married. This gives reassurance about what may happen in the event that there is a separation or divorce.

Often, people don’t consider their Wills. The general rule is that if you get married or form a civil partnership, any existing Will you have made will be revoked (Wills Act 1837). The exception is if your Will was drafted to take into account an upcoming wedding. That may mean there is a clause in the Will which confirms the following:

1. That you have no intention that the Will should be revoked when you get married.
2. The name of your future spouse or civil partner.
3. Whether the Will is conditional on the marriage or civil partnership actually taking place. This is important as it may be that you want the Will to stand if you die before the ceremony. However, you may want to be clear that you do not want it to stand if you separate before the ceremony.

If you want to speak with a member of the Family team about a pre-nuptial agreement, we would be happy to help. If you want to speak with a member of our Wills & Probate team about your Will before marriage, they would be happy to assist.

I Am Getting Divorced, Why Should I Make A Will?

If you are estranged from your spouse, you can speak with your lawyer about how to prepare a Will which would limit the risk of claims being made against your estate.

If you are separated from your spouse pending divorce, your legal link to one another remains in existence until the final divorce order, your decree absolute, is pronounced.

What If I Am Already Divorced And Have Not Yet Reviewed My Will?

If you die after decree absolute is pronounced, The Wills Act 1837 sets out that provisions of any existing Will you may have, will take effect as if your former spouse had died on the date the marriage was dissolved. This means that any property left to them in your Will would pass as if they had died on that date unless a contrary intention can be shown.

Provisions which do not relate to your spouse remain effective. However, this may cause a lot of confusion and you should consider speaking with one of our Wills & Probate team to ensure that the terms of your Will still have the intended effect.

Under the Inheritance (Provision for Family and Dependents) Act 1975, a spouse or former spouse is able to make a claim for financial provision from their spouse or former spouse’s estate. This means that even if your Will does not leave anything to your spouse or former spouse, they may be able to make a claim against your estate after you pass away. This is why we often draft Financial

Remedies Orders in divorce cases to incorporate a clause which dismisses such claims. Our Wills & Probate teams can also give you advice on how to reduce this risk.

If you have separated and have not reviewed your Will, or if you have plans to get married, or wish to finalise financial matters arising on separation or divorce, please feel free to contact us. We would be happy to help.

I can be contacted on 01332 364436 or via email at j.barnett@timms-law.com.

Image of Jessica Barnett Wills and Probate