Do you have marriage plans for 2025? Why you should write a Will

To prevent your Will becoming void, you must specifically mention your intended marriage in your Will or make a new one. 

 

If you don't do either of these things and you die, the laws of intestacy will apply. Your home, money and personal possessions will pass on according to strict rules. Your children and loved ones might not inherit as you intended. 

 

If you are married and your estate is valued at less than £322,000 everything, including personal belongings, passes to your spouse. If your estate is worth more than £322,000 the extra amount will be divided between your spouse and your children. Your spouse receives a life interest in half and your children each receive equal shares of the remaining half. If you don’t have children your other surviving relatives receive an inheritance according to the law. The rules only recognise biological relatives and adopted children. Step children, foster children and friends aren’t acknowledged. 

 

Your Will can remain valid after the wedding if you made it ‘in contemplation of marriage’. This means specific details of the person you marry are included in your Will. You can’t include a general clause in your Will concerning a possible future marriage. The alternative is to make a new Will as soon as possible after your marriage. 

 

Getting divorced doesn’t fully revoke your Will. Your former spouse won’t benefit from your Will. Nor can they act as an executor or trustee. For practical purposes, your divorced partner is treated as if they died before you. However, when you divorce, you should update your Will to make sure it reflects your wishes. 

 

If you are planning to remarry, any existing Will is void as soon as the ceremony is complete. If you have children from a previous relationship they might not receive anything if you die without making a new Will. Sometimes couples have significant assets and children or other dependants to consider. In this case a prenuptial agreement can specify what will happen if you later divorce. 

 

Once you have set the date for your wedding you can make a new Will including the details of your new spouse. You can include bequests and beneficiaries to suit your new circumstances. This will remain valid after your marriage.