The current law, in the UK, dictates that a will be automatically revoked when you enter into marriage or a civil partnership. This is a fact that many people are unaware of.

In fact, a recent survey, by ‘Will Aid,’ highlighted that a staggering 56% of UK adults did not know about this ancient rule surrounding wills!

In this blog, Dunham McCarthy highlights the issue of a new marriage or civil partnership revoking a will and what you should do.

Who is at risk and why?

The Law Commission is currently trying to deal with and modernise the current 200-year-old legislation surrounding wills and estates since it believes that the legislation and rules surrounding wills and will writing is no longer suitable or relevant to modern day times.

However, for now – and for the next two years at least, the current rules remain and unfortunately, in some instances, the situation is being exploited by those wishing to marry for ‘less than honest’ reasons – usually for financial / asset gain. This is commonly known as ‘predatory marriage.’

If the ‘Will Aid’ statistic is anything to go by, a great many ‘unmarried’ individuals with a healthy estate could continue to fall victim to those wishing to marry for pure monetary reasons. The new spouse eventually chooses to divorce, for any number of faux reasons – significantly gaining financially – often well above and beyond anything they might have financially brought to the marriage.

The same applies if such an individual chooses to marry someone of very senior years or poor health. Upon their death, they stand to gain all their estate – particularly in the absence of any new will which could have afforded some protection to the deceased’s family.

What Should You Do if you are thinking of Re-Marrying

or Entering into a Civil Partnership

The first thing you should do is to try and have an honest and open conversation with your new partner to be. Make your wishes, regarding your estate and what you want to happen in the event of your death, clear to them. Be open about what you want to leave your family, friends as well as any other beneficiaries such as charities.

Having such a conversation, prior to your nuptials, might seem unromantic or perhaps even a little vulgar. However, the fact is that marriages (and civil partnerships) are based on trust and honesty; therefore, you need to be honest about your will wishes. It is a conversation that, however uncomfortable, needs to be had! 

Also, Remember the 5 Year Rule!

Well, it’s more a recommendation than a rule!  Ideally, one should revisit a will every 5 years. This is because life and circumstances change and evolve very quickly. For example, you might come into some money like an inheritance, or you might purchase an investment property. It could be that beneficiaries in your old will are no longer in your life and that you have new family members that you might wish to include within your will such as a grandchild.

The Beauty of ‘My Last Will’

Dunham McCarthy offers you the following benefits:

• Online video appointments at a time that best suits you.
• Support of Legal and estate planning professionals to ensure that your will is effective and fit for purpose.
• Competitive pricing with discounts for mirror wills.

For further information: enquiries@dunham-mccarthy.co.uk