Does getting married make my Will invalid?
Posted on 21st February 2020
Our team of Wills Solicitors in Longridge have recently been contacted when, sadly, a previous client passed away; our expert team had assisted the deceased with drafting their Will almost three years ago, and the family wanted to know what they needed to do. Since making the Will, however, our client had married. Whilst it was lovely that they had got married, unfortunately, unbeknownst to them, this actually invalidated the Will that had been made.
It’s something that not many people would be aware of, but, basically, marriage or civil partnerships trump a Will if the marriage/civil partnership is formed after the Will is made (unless, of course, the Will is made in contemplation of said marriage, which you can find out all about on our team of solicitors in Preston’s blog, here).
Whilst, in some cases, this may not affect the terms of the Will (i.e. if the deceased was leaving everything to their partner, who they then married, and the spouse survived them). 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 you can read about on our team’s blog, here.
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.
Our team would agree with the research based on their Wills clients; however, they 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.
MG Legal – Your Local Solicitors
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