If you have recently married or entered into a civil partnership, you should be aware of the impact that this will have on your Will.
When you become legally married, any existing Will is treated in law as having been revoked. This ensures that a spouse or civil partner is not inadvertently disinherited by a Will that was in existence before the marriage.
You therefore need to put in place another will after you are married so that you can direct who inherits your estate, and who shall be responsible for administering your estate. If you fail to do this, the rules of intestacy will apply (the rules governing who shall receive your estate in the event that you die without a Will). The rules of intestacy can be problematic for a surviving spouse, particularly where somebody dies with young children. Under the rules of intestacy, the children may well stand to inherit a share of the first deceased’s estate, and this can restrict the freedom of a surviving spouse to deal with assets such as the family home.
When entering into a legal relationship, it is critical to revisit your Will, and to consider estate planning to ensure that your future spouse/partner (and any future children) are adequately protected.
Should you have any questions in relation to making a Will, then our Private Client department will be happy to help. Please do not hesitate to call Kathryn McCullough on 0207 703 5034
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