How marriage affects your will

Marriage is a milestone that brings personal and legal changes, some of which directly impact your will. In the UK, tying the knot can automatically alter or even revoke your existing will—potentially leaving your estate in the hands of default rules rather than your intended wishes.

Many people are unaware of how events like marriage, divorce, or remarriage can reshape their estate plan.

In this guide, we’ll walk through how marriage affects your will, why regular updates are essential, and the steps to take to ensure your loved ones are protected.

Read on to learn why keeping your will up to date matters more than ever.

How marriage affects your will

Under UK law, marriage automatically revokes any existing will unless it was explicitly written in contemplation of marriage.

This means that if you pass away without creating a new will after marriage, your estate may not go to the people you intended, and the intestacy rules will apply. Here’s what this means for your will and estate planning:

Why marriage revokes your will

Marriage creates a new legal status and redefines existing obligations, which means that any prior will is voided by default. This protects your spouse’s rights and provides for their legal entitlement, even if no will exists.

However, this can lead to issues if you intended specific assets to go to other family members or individuals. For example, if you had previously left property or assets to friends or extended family members, those bequests will no longer be valid without an updated will.

In short, creating a will after marriage is essential if you want to avoid the automatic revocation of your previous will and maintain control over how your estate is distributed.

Updating your will to include your spouse

Creating a new will after marriage ensures that your estate is distributed according to your wishes.

You may want to specify certain assets or properties for your spouse while setting aside other bequests for family or friends. Including your spouse as a primary beneficiary in your new will can prevent them from having to contest the estate, which is especially important to avoid probate conflicts.

Additionally, if you have children from a previous relationship, you may want to ensure that they are provided for, especially if certain assets were intended for them.

By setting up a will that reflects your new marital status, you can clearly outline your intentions and avoid any complications for your family members.

What happens to your will after divorce

Just as marriage revokes a will, divorce also affects your estate plan, though in a slightly different way. Divorce does not completely invalidate your will but rather treats your former spouse as if they predeceased you.

Here’s how this affects different aspects of your will:

Removing your ex-spouse as a beneficiary

When you get a divorce, any gifts left to your former spouse in your will are typically revoked. However, other aspects of the will remain valid.

This change applies not only to direct bequests but also to any roles your ex-spouse may have had in your will, such as executor or trustee.

While divorce removes your ex-spouse as a beneficiary, it’s still wise to create a will after divorce to avoid any ambiguity. If you don’t update your will, certain clauses might still reflect outdated wishes, which can lead to confusion and even legal challenges for the remaining beneficiaries.

Appointing a new guardian for your children

If your ex-spouse was named as the guardian for your children in your will, divorce can change this arrangement.

It’s important to review and update your will after a divorce to appoint a new guardian if necessary. This is especially important for blended families, where other individuals may be more appropriate choices for guardianship.

Updating your will post-divorce can ensure that your children are cared for according to your wishes, rather than by someone with whom you no longer share a partnership.

Remarriage and its impact on your will

Remarriage introduces new dynamics to your estate plan, especially if you have children from previous relationships or joint assets with a new spouse.

As with first marriages, remarriage generally revokes any prior will, which means you need to create a new will after remarriage.

Here are some considerations for crafting a will that reflects your new family structure:

Balancing bequests for children from previous relationships

If you have children from a previous relationship, it’s important to outline how they will inherit from your estate in a married will created after remarriage.

This is particularly important if you want to ensure that specific assets or property remain within your family line. By clearly specifying these bequests, you can prevent potential disputes and protect your children’s inheritance.

Blended families can sometimes experience probate conflicts if a will does not clearly address each child’s share. Being explicit in your will helps avoid misunderstandings and sets clear expectations for all family members.

Allocating assets between your spouse and children

In cases where you want both your spouse and children to inherit, consider setting up a trust within your will. This can ensure that certain assets are used to support your spouse during their lifetime, with the remainder going to your children upon their passing.

This approach is especially useful for assets like family homes, where you want your spouse to benefit without disinheriting your children.

Why it’s important to update your will regularly

Marriage, divorce, and remarriage are just a few of the major life events that can impact your will. Regularly reviewing and updating your will ensures that your estate plan reflects your current wishes and family situation.

Here are a few key points to keep in mind:

• New relationships: If you enter into a marriage or civil partnership, updating your will ensures your spouse’s legal entitlement while protecting other intended beneficiaries.
• Protecting family members: If you have stepchildren or blended family members, updating your will helps ensure they are included in your estate according to your intentions.
• Changing assets: Buying property, starting a business, or acquiring foreign assets in your will requires updates to ensure these assets are distributed appropriately.

Regular updates help preserve your wishes and avoids any legal complications or unintended inheritances.

Storing your will safely and securely

Once you’ve updated your will, it’s important to store your will securely so it can be easily located when needed.

We recommend keeping it with a solicitor, in a home safe, or with a will storage service. Additionally, make sure that your executor knows where your will is stored to avoid delays during probate.

A securely stored will ensures that your beneficiaries can access it without unnecessary obstacles, helping to simplify the probate process and reduce stress for your loved ones.

Conclusion

Marriage, divorce, and remarriage are transformative events that can have significant implications for your estate. Since marriage revokes any previous will, creating or updating your will when you enter a new marital status is essential. A current and valid will protects your spouse, clarifies your intentions for all beneficiaries, and helps avoid probate complications.

Remember, everyone should have a will that reflects their current life situation, particularly when major changes occur. By keeping your will updated, stored securely, and tailored to your specific circumstances, you can ensure that your wishes are honoured and that your family is protected.