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There are a number of triggers when it comes to changing your will including the birth of children, the death of a family member (particularly if they are a beneficiary) and a change in your financial circumstances to name a few that most people are aware of.
However, what most people don’t realise is that getting married has a massive impact on an individual’s will. Essentially, a marriage revokes your will unless it contains something called an ‘in contemplation of marriage’ or an ‘in contemplation of civil partnership’ clause.
This can be an issue where someone has remarried and has children from his or her first marriage that should benefit under the terms of the will. If the current will does not include an ‘in contemplation of marriage’ clause it will be revoked following marriage and so will become invalid. Read more about this topic with examples here.
Changing Your Will Following a Marriage or Divorce
So, if you have recently married or remarried, you should most definitely consider making and signing a new will. This is even more important if you have children from a previous marriage or relationship.
What’s more, when a couple commences divorce proceedings, they should each update their respective wills, but don’t wait until the decree absolute has been received. Until the decree absolute is issued, you are still classed as legally married to one another which means a spouse can still benefit in accordance with your will if it is not amended – which is not something most divorced people would want.
Our advice to couples who have started divorce proceedings is to re-write their wills as soon as possible. This is because if a spouse died before the decree absolute was issued, either with an existing will which names the spouse as the main beneficiary or if he or she dies intestate, the estate will automatically pass to the spouse which is most likely not what they would have wanted to happen.
Swansea Legal Solutions
The scenarios mentioned above are just two examples of how important it is to have an up-to-date will at all times, and in particular if you have children or other people you would like to inherit from your estate. It’s equally important for couples in civil partnerships to have appropriate, updated wills so that their estate is administered in accordance with their wishes.
Will writing is one of the key services which we offer at Swansea Legal Solutions through our specialist legal advisors. To find out more, click here or call us on 01792 420844
