When you tie the knot or get divorced, the impact on your will is probably one of the last things on your mind. However, it's important to understand how these significant life events affect your estate planning.
This article explores how marriage and divorce may affect your will.
Table of Contents
- What happens to your will when you get married?
- What happens to foreign wills when you get married?
- How to make sure you will is valid after marriage
- Should you make a will together after you get married?
- What happens to your will after a divorce?
- What happens to your will if you remarry?
- How can Lawhive help?
What happens to your will when you get married?
When you get married, your existing will is no longer valid unless it mentions your intended marriage by including a phrase like 'in anticipation of marriage to [name].' This applies to civil partnerships, too.
If you don't make a new will after you get married, the law of intestacy kicks in when you die. Under this law, if you don't have children your spouse will inherit the entire estate.
Or, if you have children, your spouse automatically inherits your personal belongings (excluding money) and a statutory legacy, plus interest from the date of death. The rest of the estate is split equally between your spouse and children.
What happens to foreign wills when you get married?
Laws around international wills differ from country to country.
If you have a foreign will dealing with assets in another country, it's a good idea to speak to a lawyer to understand how marriage affects the will in question.
How to make sure you will is valid after marriage
If you want your will to remain valid after marriage, it must be created 'in contemplation of marriage.' To do this, you must include detailed information about the person you intend to marry. Simply speculating about a future marriage without specific details won't stop your will from being revoked upon marriage.
To do this, you can include a clause like:
This Will shall not be revoked if the propsed marriage to [NAME] happens.
If you're thinking of creating a will in contemplation of marriage, a wills, trust, and probate solicitor can help you ensure the relevant clauses are included with the right wording so you will remain valid after your marriage or civil partnership.
Alternatively, you can update your will after you get married. However, the risk with this is there will be a period in which your will is invalid. If you die during this period, your estate will be distributed per the intestacy rules, as if you had died without a will.
Should you make a will together after you get married?
While making a will together after getting married might seem romantic, it's important to consider the risks involved.
Mirror wills, where each spouse's will reflects the other's wishes, can lead to potential disagreements, lack of control over changes, and unintended consequences.
This is because each person has the right to change or revoke their will, regardless of whether it's a mirror will or not. Spouses or civil partners may decide to change their will or revoke it altogether and create a new one with new beneficiaries or instructions for assets.
Therefore, couples should carefully evaluate their options for making a will and consider creating individual wills with clear communication and coordination to make sure their wishes are properly executed.
What happens to your will after a divorce?
If your marriage ends in divorce or annulment, your will doesn't become void or invalid, but your ex-spouse or civil partner's role will change significantly, in that the law will treat them as if they had died before you, meaning they can't receive any benefits as a beneficiary or fulfill roles as an executor or trustee.
Gifts to former spouse
If you have left gifts to your ex-spouse or civil partner, they will be treated as if they had passed away from the date of the final divorce order. These gifts would then be redirected to other beneficiaries, known as residuary beneficiaries.
If your entire estate was left to your former spouse or civil partner, it is treated as if you died without a will, and the rules of intestacy dictate how your assets are distributed.
If your former spouse is an executor or trustee
If you appointed your former spouse or civil partner as an executor or trustee, their role is also treated as if they had passed away on the date of the final divorce order.
If you have appointed no other executors, someone will need to be appointed on your death to administer the estate. This person, or people, will need to apply to be an administrator of your estate and apply for a Grant of Letters of Administration with the Will.
Trusts and guardianship
Any trusts or guardianships involving your former spouse are affected by divorce.
For example, if you set up a trust for your children's benefit with your ex-spouse as the trustee after the divorce, that arrangement would no longer be valid if your ex-spouse is still named as the trustee in your will.
Similarly, if you had appointed your ex-spouse as guardian for your children in your will, that arrangement would also no longer apply after the divorce.
Given these implications, creating a new will immediately upon divorce, annulment, or dissolution of your civil partnership is advisable.
Alternatively, you may opt to update your will after separation but before the divorce is officially granted to avoid any complications should you die before the final divorce order is granted.
What happens to your will if you remarry?
If you decide to remarry after a divorce, your will becomes invalid as soon as the marriage happens.
Remarriage can unintentionally disinherit your children from previous relationships. As, under intestacy laws, your new spouse becomes the primary beneficiary of your estate. So, if you die after remarrying but before making a new will, your children from a previous relationship could legally inherit nothing from your estate.
While they may be able to make a legal claim on your estate if this happens, it can be an expensive, stressful, and lengthy process.
Therefore, it's best to make a new will or update your will before or immediately after significant life events such as marriage or divorce to avoid will disputes or contentious probate after your passing.
How can Lawhive help?
In our experience, most people don't know how marriage or divorce will affect their will, which could lead to disputes, confusion, or your estate not being distributed how you would like.
At Lawive, our network of expert wills, trust, and probate solicitors are on hand to help you make a will, update your will, or provide advice on estate planning.
For more information and a no-obligation fixed fee quote, contact our legal assessment team.