Partner Caroline Casagranda, in our Wills, Probate, Tax & Trusts team and Peter Hilton, in our Family Law team, explore the impact of marriage, separation and divorce on your Will.
Getting married can be one of the most exciting times of your life and Separation or divorce can be one of the most stressful times and it is very easy to forget about your Will at such times.
Marriage
A marriage revokes your Will unless you have included a special clause referring to the upcoming marriage. This is not always known of and can result in people dying without a valid Will and their estate passing under the intestacy rules. For second marriages, this can be particularly troublesome and can lead to disputed estates.
Separation
Upon separation, you may no longer want your spouse, civil partner or partner to play a vital role in the administration of your estate and your funeral affairs and you may no longer want them to benefit from your estate.
It is vital therefore that you have your Will reviewed following separation because separation will not have a legal effect on your Will.
Divorce
Divorce has a legal impact on your Will. Unlike when you get married, a divorce does not revoke your Will. Your Will remains valid but for inheritance tax purposes your ex-spouse or civil partner is treated as though they died on the day your divorce ended.
If your ex-spouse or civil partner was appointed as your executor they will no longer be appointed and if they were a beneficiary, they will no longer benefit.
This may be against your wishes, particularly where children are involved and you may have wanted your ex-spouse to have continued as an executor and to continue to benefit from your estate. Your Will may not have provided for what is to happen after an absolute gift to your ex-spouse and this can result in your estate being dealt with under the intestacy rules which may be against your wishes.
If you are contemplating divorce you may also wish to consider how any jointly held properties are owned. If the property is held as ‘Joint Tenants’ then your property will pass to the other owner absolutely and regardless of any alternative provision in your Will. You should therefore think carefully about whether you wish to ‘sever’ the joint tenancy and review your Will to ensure your share of the property is left in line with your wishes.
Guardianship
Usually the appointment of a guardian will take effect where there is no surviving parent, but this may not be the case if A Lives With Order (previously known as a Residence Order) has been made on divorce.
Both our Wills, Probate, Tax & Trusts team and our Family Law team are ranked in the top tier in both of the UK’s leading guides to law firms, Chambers UK and The Legal 500.
For further information or legal advice, please contact law@blandy.co.uk or call 0118 951 6800.
This article is intended for the use of clients and other interested parties. The information contained in it is believed to be correct at the date of publication, but it is necessarily of a brief and general nature and should not be relied upon as a substitute for specific professional advice.
