Does getting married make my Will invalid?
Posted on 16th March 2024
Our team of Wills Solicitors in Longridge have recently been contacted when a previous client sadly died, and their executors needed to know what to do next. Our Solicitors had assisted the deceased with drafting their Will almost three years ago, and the family wanted guidance on what the Will meant and how to start administering their loved one’s estate.
During the initial appointment, it transpired that since making the Will, our former client had married. Whilst it was lovely that they had got married, unfortunately, unbeknownst to them, this invalidated the Will that had been made.
It’s something that not many people would be aware of, but marriage or civil partnerships trump a Will if the marriage in entered, or the civil partnership is formed, after the Will is made.
Whilst, in some cases, this may not affect the terms of the Will, for example if the deceased was leaving everything to their partner, who they then married, and their now-spouse survived them, theoretically the now-invalid Will and the Rules of Intestacy could be the same. However, if their spouse had predeceased them, and they had left everything to, for example, a charity, this provision would fail. Instead, it would be replaced by the rules of intestacy, which favours blood and legally adopted relatives.
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This revelation may be worrying for some people, especially considering recent reports showing that the average age of the Will consumer (i.e. those making Wills) is rising.
Todayswillsandprobate.co.uk reported that research carried out by Willsuite shows an overview of the Will statistics in England and Wales, the areas that our local solicitors in Preston cover. Willsuite’s research shows that over half of the Wills drafted were people in the 50-70-year-old age range, with the average age being 58.
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Our team would agree with the research based on their Wills clients; however, our Solicitors in Longridge are increasingly finding that younger people are considering what would happen if they died, and they are subsequently instructing our local Wills solicitors in Longridge to draft their Wills.
The revocation of a Will by marriage or the formation of a civil partnership could cause issues no matter what your age, so our team are urging all people who are old enough to make one (over 18) to consider whether they need a Will (which, trust us, you probably do, even if you don’t think you have anything at the moment to leave to anyone). Then, throughout your lifetime, you can review the contents of your Will, such as when a life-changing event happens (marriage or entering into a serious relationship, or having a child), and you can consider whether you need to make any amendments to your Will.
Can I make a Will to remain valid when I get married?
Another option, which our Wills Solicitors discuss with cohabitees, is making your Will in contemplation of marriage to your partner. For this to be valid, your partner needs to be named in your Will as who you intend to marry or enter a civil partnership with. Our Solicitors can advise you on the implications of including these provisions in your Will, and ensuring your wishes remain valid after your special day.
Can MG Legal help prepare my Will before I get married?
Fortunately, our team offers fixed-fee Wills at a cost of just £185 plus VAT for a simple Will, or £345 plus VAT for simple mirror Wills for couples. To instruct our Wills Solicitors, call 01772 783314 or email wills@mglegal.co.uk. Our Wills Solicitors are SRA regulated, and Naomi Pinder is our member of the Association of Lifetime Lawyers, a testament to the high level of service Naomi offers.
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This blog was published in 2020 and updated in 2024.
Tagged as: Solicitors in Longridge, Wills
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