What happens if I remarry and haven’t made a new Will?
If you remarry or enter a new civil partnership without making a new Will, your existing Will is revoked. This means you do not have a valid Will, and your estate will be dealt with under the statutory intestacy rules.
Under these rules, your spouse or civil partner receives a fixed sum and your personal effects, depending on the size of your estate. For deaths on or after 26 July 2023 the fixed sum is £322,000. The sum varies for anyone who has died before this date. If your estate exceeds the fixed sum anything over it will be divided between your spouse/civil partner and any children. (There is no fixed net sum if you leave a surviving spouse but no children or direct descendants, and your spouse would receive the entire estate in this situation).
This can cause problems. For example, a valuable asset such as property might end up being jointly owned by your children from a previous marriage and your new spouse/civil partner. Therefore, to ensure that your final wishes are met it is vital to draw up a new Will after your remarriage setting out who you want to inherit.
If you leave a surviving spouse but no children or descendants, your spouse receives the entire estate with no fixed sum. This can cause problems. For example, an asset such as property could be jointly owned by your children from a previous marriage and your new spouse/civil partner. To ensure your final wishes are met, it’s vital to create a new Will after remarriage, specifying your intended heirs.
What if I am not yet remarried but planning to remarry?
If you’re planning to remarry, you can create a Will stating it remains valid in anticipation of your marriage to a specific person. This ensures your Will isn’t revoked once the marriage occurs.
My spouse and I have made mirror wills-what effect will this have if one of us dies?
Although mirror wills reflect both parties’ wishes, they are not legally binding contracts between the parties. Either person can revoke or change their Will without the other’s knowledge, even after the first spouse’s death. In addition, remarriage or a new civil partnership automatically revokes an existing Will. To ensure loved ones inherit specific assets, consider direct gifts or using a trust in your Will.
What if I am separated or get divorced?
Separation and divorce do not necessarily make your Will null and void.
Until you receive your final order (formerly decree absolute), your Will remains valid, regardless of separation or ongoing divorce. To ensure assets go to your chosen beneficiaries instead of your estranged spouse, you should amend your Will. After receiving your final order, inheritance laws treat your former spouse as deceased in relation to your Will. This can cause issues, so it’s wise to review it.
If you have a new partner after divorce, only a new Will can ensure they are included.
How can I ensure my children are provided for?
A key concern when remarrying is protecting children from previous relationships. To ensure they inherit your share of the family home while providing for your new spouse, consider using a trust in your Will. This allows your spouse to live in the house until their death, after which your share would pass to your chosen beneficiaries, such as your children.
No matter your stage of life, we always encourage you to draw up a Will. This becomes even more important after major life changes to ensure that the relatives you want to inherit will be able to.
For advice on updating or drafting a new Will contact our Wills and Probate team on 03456 465 465 or email enquiries@rotherabray.co.uk
Disclaimer: This blog is for information only and does not constitute legal advice. If you need legal advice please contact us on 03456 465 465 or email enquiries@rotherabray.co.uk to get tailored advice specific to your circumstances from our qualified lawyers.
