Written by: Jason

Category: Will Writing

Published: 24th June 2015

Whether you have already made your Will or are planning to make a Will for the first time when it comes to getting Married few people are aware that in England and Wales the act of Marriage automatically revokes a Last Will & Testament made prior to the Marriage.

In England & Wales, the only exception to this rule is if the Will has been written before the Marriage occurs containing a specific clause that covers the contemplation of your upcoming Marriage.

This means that If such a clause is added and written correctly, partners who are wanting to make Wills leaving their estate to each other but are planning to get Married can plan ahead and ensure that their Wills remain valid.

If no such clause exists then the Will is automatically revoked upon Marriage and should the person pass away their estate would be dealt with in line with the laws of intestacy

In Scottish Law the act of Marriage does not automatically revoke a Last Will & Testament made prior to Marriage. It is therefore essential to make a new Will after a second Marriage has occurred to ensure that your new spouse can benefit from your estate in line with your wishes.

Summary

Any Will Writer, Estate Planning Consultant or Solicitor will tell you that even if you have already made a Will you should still review it if you have had or plan any major change in your circumstances.

Getting married is one of these situations and the ideal opportunity to review your wishes for the distribution of your estate to ensure it goes to the correct people.

Related Links

IHTM12074 – Succession: Wills: Revocation of a Will: By marriage or civil partnership
What Invalidates a Will
Making A Will Online