WILLS – How are they affected by marriage or civil partnership?
When you marry or form a civil partnership, any will you already have becomes invalid
The exception to this is if you have made a will “in anticipation” which clearly states you will be marrying your named future spouse. Effectively, marriage and partnership trumps pre-existing wills.
What happens after you pass away without a new will depends on whether you have children. If you have none then your entire estate will pass to your surviving spouse. If you have children then the first £270,000 passes to your spouse, and anything above this amount is split between the spouse and children. This can cause real complications in the case of house ownership.
Similarly in the case of divorce, any gifts to the former spouse or appointment to roles of trustee or executor will automatically lapse after the decree absolute has been granted unless specific provisions have been made in the will. Before the decree absolute has been issued then your former spouse would receive any gifts stated in the will. This is the case even if you are separated and cohabiting with a new partner.
The short answer is that making a will and keeping it up to date is essential if you want to ensure your estate is handled according to your wishes. There are many charities who offer free or cheap will making services with special events through the year.
