If you’re getting married, going through a divorce or buying property, you’ve probably got a lot on your mind. Chances are, your Will isn’t one of them. But major life events like these can fundamentally change your legal and financial circumstances, meaning that it’s important to revisit your Will to avoid unintended consequences. Keeping your Will up to date ensures your wishes are clear, legally valid and reflective of your current circumstances.
Does marriage invalidate a Will?
In most cases, yes, marriage automatically cancels or invalidates an existing Will in England and Wales. This means that if you get married but don’t update your Will, your previous arrangements may no longer apply, and your estate could be distributed according to the rules of intestacy. These are the rules applied automatically to decide who gets which parts of your estate if you die without a valid Will.
There is an exception: if your Will was made “in contemplation of marriage” to a specific person, it can remain valid after the wedding. However, this must be clearly stated in the document. Without this clause, it’s essential to create a new Will after getting married to ensure your spouse and any other beneficiaries are properly provided for.
Does divorce revoke a Will?
Divorce does not automatically revoke your Will, but it does have a significant impact. Once the divorce is final, any reference within it to your former spouse is treated as though they have died. This means they will no longer inherit from your estate or act as an executor.
This can create unintended gaps or complications. For example, if your ex-spouse was your main beneficiary or executor, your Will may no longer function as intended. And the rest of your Will does remain valid, which could lead to partial intestacy if your ex was the sole beneficiary. For this reason, reviewing and updating your Will after a divorce is strongly recommended.
Should you update your Will after buying property?
Yes, buying property is another key reason to revisit your Will. Property is often one of the most valuable assets in a person’s estate, if not the most valuable, and how it’s owned matters. For example, owning a home with someone else as “joint tenants” means it will automatically pass to the co-owner, regardless of what your Will says. In contrast, owning as “tenants in common” allows you to leave your share to someone else through your Will.
Updating your Will ensures your property is distributed according to your wishes and can also help with tax planning and protecting your assets for future generations.
Do you need a new Will or just an update?
Whether you need a completely new Will or a simple update depends on the extent of the changes. Minor adjustments, such as changing an executor or updating a beneficiary, can often be made using a legal document called a codicil.
However, for major life events like marriage, divorce or significant asset changes, such as buying property, it is usually safer and clearer to create a new Will. This reduces the risk of confusion or legal challenges later on and ensures everything is consistent and up to date.
Should you use a solicitor or an online Will-writing service?
While online Will-writing services can seem convenient and cost-effective, they can’t always account for the complexities of somebody’s personal situation, and you risk your Will being invalid or not legally sound. Working with an experienced solicitor, on the other hand, means you’ll benefit from tailored legal advice, ensuring your Will is valid, clearly drafted and aligned with current laws, as well as your values.
A professional can also help you consider important factors you might overlook – such as inheritance tax planning, guardianship for children or protecting vulnerable beneficiaries. Errors in a Will can be costly and stressful, often falling to others to resolve down the line, so investing in expert guidance provides peace of mind for everyone.
To speak to a solicitor about updating or rewriting your Will, get in touch with Batt Broadbent.