When it comes to writing a Will, many people overlook how their marital status can impact their estate planning. Whether you’re getting married, divorced, or separated, the status of your relationship plays a crucial role in what happens to your assets when you pass away.
In this guide, we’ll break down the key legal aspects of how marriage, civil partnerships, divorce, and separation affect your Will—so you can avoid costly mistakes and ensure your wishes are properly documented.
(Disclaimer: References to marriage and divorce also apply to civil partnerships and dissolutions.)
Marriage & Civil Partnership – Does It Revoke Your Will?
Many people assume that getting married has no effect on their Will, but this is far from the truth. In fact, marriage automatically revokes any existing Will unless specific precautions are taken.
Why Is This Important?
If you’ve written a Will that leaves assets to children from a previous relationship, marrying someone new could unintentionally disinherit them. Without an updated Will, your estate may not be distributed as you intended.
How to Prevent Your Will from Being Revoked
To safeguard your wishes, you can include a Contemplation of Marriage clause. This clause states that your Will remains valid despite your upcoming marriage to a specific person.
Is There a Time Limit?
While there’s no strict deadline, courts expect marriages to happen within a reasonable timeframe. If you include a Contemplation of Marriage clause but don’t marry for several decades, it may not hold up in court.
What If You Change Partners?
A Contemplation of Marriage clause applies only to the person named in your Will. If you’ve moved on and plan to marry someone else, you’ll need to rewrite your Will to include a new clause for your current partner.
Divorce & Dissolution – What Happens to Your Will?
While marriage revokes a Will, divorce does not. Instead, once your divorce is finalized, the law treats your ex-spouse as if they had passed away on the day of the divorce.
What This Means for Your Will
If your Will left assets to your ex-spouse, those gifts will no longer apply. Instead, the inheritance would pass to the next beneficiary in line. However, until the divorce is officially completed, your ex remains your legal spouse and can still inherit from your estate.
Can You Still Leave Assets to Your Ex?
Yes! If you want your ex-spouse to inherit or act as an executor after your divorce, you must include a contrary intention clause in your Will. This clause overrides the default rule that treats your ex as deceased and allows them to benefit as usual.
Judicial Separation – A Little-Known Factor in Estate Planning
Judicial Separation (also called a Deed of Separation) is different from divorce. While it legally recognizes that you and your spouse are no longer together, it does not have the same effect on your Will.
If You Die with a Will While Judicially Separated
Your estranged spouse still has inheritance rights unless your Will explicitly states otherwise. If you want them to inherit, your existing Will remains valid. If you don’t, you should update your Will accordingly.
If You Die Without a Will
If you die without a Will while judicially separated, the rules of intestacy apply—but they treat your spouse as if they had already passed away. This means they won’t automatically inherit, unlike in a standard marriage situation.
Take Control of Your Will Today
Understanding the impact of marriage, divorce, and separation on your Will is essential to ensuring your estate is distributed according to your wishes.
If you need to update your Will or create a new one, it’s best to seek professional guidance. A KEILY. Will Writer can help you navigate the process and make informed decisions.