Marriage marks a significant milestone in a person’s life, bringing with it not only emotional and social changes but also legal ones. One of the less discussed, yet critically important, legal aspects of getting married has to do with estate planning—particularly when marriage occurs after a will has already been made. Many individuals create wills early in life, perhaps when they have their first child, accumulate assets, or wish to ensure their affairs are in order. However, the implications of entering into matrimony after drafting a will can be far-reaching and, in some cases, unexpected.
To protect your loved ones and ensure that your estate is distributed according to your wishes, it’s imperative to understand how the law treats a will in light of a subsequent marriage. This understanding can prevent legal complications, family disputes, and unintended consequences after your death.
Under the laws of England and Wales, marriage automatically revokes any will that was made prior to the union, unless the will explicitly states that it was made in contemplation of that specific marriage. This principle is rooted in the Wills Act 1837, which governs testamentary dispositions.
What this means in practical terms is that, after marrying, any will created before the marriage generally becomes invalid. If a person dies without having created a new will subsequent to their marriage, they are considered to have died intestate. In such a case, their estate will be distributed according to the rules of intestacy, which may not align with their previously expressed wishes.
Dying intestate triggers a statutory scheme for distributing your assets. In England and Wales, if you are married at the time of your death and have no valid will in place, your spouse or civil partner will inherit all or a significant portion of your estate, depending on whether you have children.
As of current legislation, if you die intestate and leave behind a spouse and children, your spouse inherits:
– All your personal property and belongings
– The first £322,000 of your estate
– Half of the remainder of your estate
The other half of the estate is distributed equally amongst your children. If you have no children, your spouse will inherit the entirety of your estate.
While this system might seem fair at first glance, it often fails to consider more complex family situations, such as second marriages, stepchildren, or estranged family members. For instance, without a valid will specifying your wishes, a long-term partner to whom you were not married, or your stepchildren whom you consider your own, could potentially receive nothing from your estate.
Fortunately, there is an important exception under the Wills Act. If a will made before marriage clearly identifies a forthcoming marriage and explicitly states that the will is made in contemplation of that particular marriage, it is not revoked when the marriage takes place.
This requires precise language. It is not enough to generally reference the possibility of marriage; the will must name the specific person you are marrying and articulate that the testamentary instructions are intended to persist despite the subsequent marriage. Such a will, when properly constructed, retains legal validity after the marriage and protects your estate from intestacy laws.
This provision is especially useful for individuals entering their second or third marriages, perhaps later in life, who want to ensure that children from previous relationships are provided for. It can also protect the interests of other beneficiaries who might otherwise be overlooked by the default rules.
Failing to update or revise a will after marriage can lead to a range of unintended consequences—not only in terms of who inherits what, but also who bears the emotional and financial burden of disputes. There are several scenarios worth considering:
1. Exclusion of Loved Ones: If your will is revoked and you die intestate, only those recognised by intestacy rules will inherit. Your stepchildren, godchildren, and close friends may be excluded entirely.
2. Family Disputes and Litigation: Ambiguity in your estate planning, or the absence of a valid will, can trigger legal battles among surviving family members. These can be lengthy, costly, and emotionally draining.
3. Unintended Heirs: Assets may pass to individuals whom you did not intend to benefit. For instance, an estranged spouse (if the timing of a divorce and will revocation is not correctly aligned) or family members with whom you had little contact for years might inherit substantial parts of your estate.
4. Financial Hardship for Dependants: If your new spouse inherits the majority of your estate by virtue of intestacy, children or other dependants from previous relationships might not have the resources they need unless provision is made through a new will or a trust.
The complexities become even more pronounced in the context of second marriages, particularly when both spouses have children from previous relationships. In such cases, estate planning is essential to balance interests and prevent future discord.
Say you marry a new partner and have a valid will that leaves everything to your new spouse. While your new spouse may have every intention of looking after your children, legally they are under no obligation to do so unless it is specifically stated. Upon their death, your joint assets could pass entirely to their own relatives, leaving your children excluded.
A carefully drafted will, potentially including trusts or life interest arrangements, can help ensure that your spouse has financial security during their lifetime while preserving inheritances for your children. Legal advice is vital in devising such arrangements, particularly when substantial assets like property or family businesses are involved.
Civil partnerships have the same legal impact on an existing will as marriage—a civil partnership formalised after the execution of a will will revoke that will unless it was made in contemplation of the partnership. Partners in a civil union enjoy the same inheritance rights under intestacy rules as married couples.
By contrast, common-law spouses—those in long-term cohabiting relationships without legal marriage or civil union—are not recognised under intestacy laws. As such, despite the duration or depth of the relationship, a cohabitee may receive nothing if their partner dies without a valid will. Consequently, cohabitating partners must be especially vigilant in updating and revising wills when their relationship status changes.
To ensure that your estate reflects your wishes and is not subjected to unintended legal distribution, consider the following steps after marriage:
1. Review Your Existing Will Immediately: Upon marrying, consult your solicitor or estate adviser to determine if your existing will has been revoked. Identify areas that may need updating, such as beneficiaries, guardianship arrangements, and executors.
2. Draft a New Will If Necessary: If your previous will was not made in contemplation of the marriage, you will need to create a new will that accounts for your current relationships, assets, and intentions.
3. Consider the Use of Trusts: Trusts can offer flexibility in meeting the needs of multiple beneficiaries. For example, a trust might permit your spouse to reside in a family home during their lifetime while preserving the capital value for your children later.
4. Update Other Estate Planning Tools: Wills are only one component of an estate plan. Reassess any powers of attorney, life insurance policies, and pension nominations to ensure they are aligned with your new circumstances.
5. Communicate Openly With Family Members: Transparent conversations with your spouse, children, and other key family members about your estate planning decisions can reduce misunderstandings and potential conflicts later on.
Estate planning is rarely a one-time event. Life seldom unfolds in a straight line, and major events such as marriage, divorce, having children, acquiring or selling property, and changes in health or finances all warrant a fresh look at your will and broader estate plan. Legal professionals with expertise in family and estate law are best placed to guide you through these revisions with precision and sensitivity.
Solicitors specialising in wills and probate can offer tailored advice, helping you to draft documents that protect your interests today and stand the test of time tomorrow. They bring an understanding not only of legal requirements but also of family dynamics, asset preservation, and tax implications.
Marriage is a joyous occasion marked by promises of partnership and a shared future. Yet, in the midst of planning for that future, individuals often overlook the critical need to address past legal instruments like wills. The revocation of a pre-existing will upon marriage may cause significant disruption to your carefully laid estate plans. Fortunately, through knowledge, planning, and the assistance of legal professionals, this disruption can be avoided.
Taking the time to realign your will with your new marital status is not merely a legal chore; it is a profound declaration of care and foresight. It ensures your legacy is managed according to your values and that those you love are protected, today and for generations to come.
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