Life events such as marriage, civil partnership, divorce, civil partnership dissolution, or a new relationship can have a major impact on your Will. These events can affect who inherits what you owned during your lifetime (your ‘estate’) after you die. It can be easy to assume that your Will is not affected, but that is not necessarily true.
It is important to understand how these life events may have an effect, and what steps you can take to make sure the people important to you are provided for after you pass away.
Key Takeaways
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Life events such as marriage, civil partnership, divorce, dissolution, or a new relationship can affect who inherits your estate.
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Marriage or civil partnership can revoke a previous Will, while divorce or dissolution usually removes former spouses or partners from inheritance and Executor roles.
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A new partner is not automatically entitled to anything, and only a Will can ensure they inherit.
1. Marriage and Civil Partnerships
The general rule is that a marriage or a civil partnership automatically revokes any Will made by you before the marriage or civil partnership.
If you do not have a Will when you die, then the rules of intestacy will apply. This could mean that those who inherit your estate (your ‘beneficiaries’) are different from the ones you would choose. For example, it is not necessarily the case that a surviving spouse/civil partner will inherit everything that belonged to their late spouse/civil partner.
There are, however, some exceptions to the automatic revocation of a Will in respect of a marriage/civil partnership, and these are where:
- A Will is made in contemplation of a marriage.
- A Will is made in contemplation of a civil partnership.
- A civil partnership is converted into a marriage.
It is, however, important that the Will is worded correctly and is made after a certain date (e.g. after 1st January 1983 for a marriage) to benefit from these exceptions.
2. Divorce and Civil Partnership Dissolution
Divorce (i.e. the ‘Final Order’, or ‘Decree Absolute’ as it is previously known) or a Civil Partnership Dissolution do not revoke or invalidate a Will, but instead alters the Will’s effect in respect of the former spouse/civil partner.
For example, you may have chosen your spouse/civil partner to be your Executor. The Executor is the person/people responsible for the practical arrangements after you die, like arranging the funeral and contacting the banks to advise of your death. On divorce or dissolution, your former spouse/partner will be unable to take on that role as Executor.
In your Will, you may also have left some or all of your estate to your spouse/civil partner. A divorce/dissolution will have the effect that the former spouse/partner will no longer inherit, and they will be treated as if they had died before you. The remainder of your Will remains effective.
The exception to this is if your Will explicitly states that divorce or dissolution does not affect the Will.
A former spouse/civil partner can potentially make a claim against their late former spouse/civil partner’s estate under the Inheritance (Provision for Families and Dependents) Act 1975, so it is important to consider this aspect.
3. New Relationships
It is a common misconception that a long-term partner can become a ‘common law husband/wife’. That terminology/status is not recognised in law, no matter how long the relationship, which means that if one partner dies, the survivor may inherit nothing, unless their late partner left a gift to them in their Will. Even jointly owned assets may not pass automatically to the survivor, so it is important not to make assumptions.
The surviving partner may be able to bring a claim under the Inheritance (Provision for Families and Dependants) Act 1975, but this is likely to be costly, time-consuming, and stressful.
There could also be significant Inheritance Tax (IHT) consequences on the death of the first partner, because currently only gifts to spouses/civil partners can benefit from IHT exemptions.
The best way to ensure your wishes are carried out in the future is to review your Will regularly, and especially when your personal circumstances change or are about to. Taking legal advice early can help give you peace of mind, knowing that the people who have mattered most to you during your lifetime will be provided for.
With our Surrey solicitors at Howell Jones, expert help is just a conversation away. For professional wills advice, contact one of our friendly Wills & Probate team today on 0800 011 9813.
