Many people make a Will, tick it off their list and assume it will continue to reflect their wishes for the rest of their lives. Unfortunately, this is not always the case.
At AFG Law, our Private Client solicitors regularly assist individuals and families with Wills, estate planning and probate. One of the most common issues we encounter is where someone has remarried but never updated their Will, believing their existing arrangements would still apply. Unfortunately, this misunderstanding can have devastating consequences for those left behind.
The following case study, based on a real client matter highlights why reviewing your Will after major life events is essential.
Wills and Remarriage: The case
Mr and Mrs X had been married for many years and had two children together. Like many couples, they had mirror Wills. Each left their estate to the other on the spouse’s death, with everything passing equally to their children after the second death. They believed their estate plans were complete and that their children would eventually inherit everything they had worked hard to build.
Mrs X died first and, in accordance with her Will, her estate passed to Mr X.
Several years later, Mr X met someone new and remarried. He never made a new Will because he believed the Will he had already signed remained legally binding. His understanding was that when he died, his children would inherit exactly as he and their mother had intended. Sadly, that wasn’t the case.
The shock after Mr X died
Following their father’s death, the children provided a copy of his Will to those administering the estate, expecting the process to be straightforward. However, they were told that the Will was no longer valid.
Because Mr X had remarried after making it, and it had not been drafted in contemplation of marriage, it had automatically been revoked. In legal terms, the situation was treated as though no Will existed, meaning Mr X essentially had died intestate.
What happened to the estate?
When someone dies without a valid Will, their estate is distributed according to the intestacy rules in England and Wales rather than their personal wishes.
Many people assume this means their surviving spouse automatically inherits everything. However, that isn’t always the case. What a spouse or civil partner receives depends on the value of the estate and whether there are surviving children.
Where there is a spouse and children, the estate is divided according to the statutory intestacy provisions. Depending on the value of the estate and the family’s circumstances, this may mean the surviving spouse inherits all or a substantial part of the estate, with the remainder passing to the children.
The important point is that the estate is distributed according to the law, not according to what the deceased intended.
In Mr X’s case, the outcome was dramatically different from the plans he had originally made with his first wife. His children did not automatically receive the equal inheritance he believed he had secured for them years earlier.
Why remarriage changes everything
Many people are surprised to discover that wills and remarriage are so closely linked. Under the law in England and Wales, marriage or entering into a civil partnership will usually revoke an existing Will unless that Will was expressly drafted in contemplation of the marriage. This rule exists because marriage significantly changes a person’s legal and financial circumstances.
Unfortunately, many people never revisit their Will after a previous marriage ends or after they remarry. They assume their earlier Will continues to take effect, when in reality it may no longer have any legal effect at all.
Why this is especially important for blended families
This issue is particularly important for anyone with a blended family or children from a previous relationship. Without an up-to-date Will, the intestacy rules may produce outcomes that were never intended. Assets may pass differently from what you expected, potentially leaving children from an earlier relationship receiving less than anticipated.
This can also create unnecessary uncertainty and disagreements at an already difficult time.
Can this situation be avoided?
In almost every case, it can be avoided. If you marry or remarry, your Will should be reviewed as soon as possible. Depending on your circumstances, there may be several options available.
A new Will can ensure your assets pass to your chosen beneficiaries, while also making appropriate provision for your current spouse.
For some families, particularly where there are children from different relationships, a life interest trust may also be appropriate. This can allow a surviving spouse to benefit from assets, such as the family home, during their lifetime while preserving the underlying capital for children to inherit later. These arrangements can also form part of wider asset protection planning, depending on your family circumstances.
Every family is different, which is why tailored legal advice is so important.
Don’t forget jointly owned property
Another common misconception concerns ownership of the family home. If you own your property as joint tenants, your share will usually pass automatically to the surviving owner, regardless of what your Will says.
This means it’s important to consider not only your Will, but also how your property is owned when reviewing your estate planning after marriage or remarriage.
How AFG Law can help with wills and remarriage
Life changes, and your Will should change with it. Whether you’ve recently remarried, entered into a civil partnership, experienced the loss of a loved one or your family circumstances have changed, reviewing your Will can help ensure your wishes are properly reflected.
At AFG Law, our experienced Private Client solicitors advise individuals and families on Wills, estate planning and succession planning. We can help you prepare a new Will, review your existing arrangements and ensure your estate passes to the people you intend.
A simple review following a marriage or remarriage could make all the difference to the people you leave behind.