Many individuals will be “surprised” to discover marriage may revoke their Will. This has made me reflect on how many individuals will assume their pre-existing Will is secure, simply because no one has informed them of this.
The rule itself is clear in that in law, marriage (or forming a civil partnership) demonstrates such a change in a person's circumstances that any Will made before that date is deemed to be automatically revoked.
You might have carefully specified gifts to siblings, friends, or charities in your old Will, but the moment you legally commit to a life partner, the law effectively considers your Will as void. This means if you don't then draw up a new Will, you die intestate, and your estate is distributed according to rigid statutory rules.
It is an absolute necessity that you either create a Will in contemplation of marriage (which is drafted to ensure your Will remains valid after the ceremony) or create a new Will after you get married. When a Will is made in contemplation of marriage, it specifically states the upcoming ceremony and partner, overriding the automatic revocation rule. This will ensure your current partner and all other beneficiaries are properly provided for.
If you would like to discuss this further, please feel free to contact any member of our Wealth Management & Taxation Team on 01494 521 301.