In the first part of our series on key factors people don’t consider when making a Will, Talita Fantauzzi, Wills and Probate Solicitor at our Nottingham office looks at major life events that can significantly affect your Will and the steps you can take to make sure it still reflects your wishes.
Marriage or a civil partnership
One of the biggest surprises for clients is that getting married cancels your existing Will.
Unless your Will contains a specific “expectation of marriage/civil partnership” clause that names your future spouse, your Will is automatically revoked when you marry or enter a civil partnership.
This means that if you don’t update your Will, you may unintentionally:
- Die intestate
- Leave assets to someone you didn’t intend
- Exclude children or other loved ones
If you’re planning a wedding or have recently married, reviewing your Will is essential.
Divorce or dissolution of a civil partnership
Divorce does not revoke your Will, but it does change how it operates.
Once your divorce or dissolution is finalised:
- Any gifts to your former spouse/civil partner are cancelled
- Any appointment of them as executor or trustee is treated as if they died before you
If your Will leaves everything to your former spouse, you’ll effectively be left without a functioning set of beneficiaries.
It’s best to review your Will as soon as divorce proceedings begin, not after they conclude.
Protecting your wishes if you die before your spouse
Many couples leave everything to each other on the first death. This is common, but not always wise.
A surviving spouse can:
- Remarry
- Rewrite their Will
- Remove stepchildren
- Leave assets entirely to someone else
This means your own beneficiaries (including your children) might inherit nothing.
A simple trust structure can protect your assets and ensure your loved ones are provided for after your spouse’s lifetime.
Appointing guardians for children
This is one of the most important decisions parents make, yet the legal rules can be misunderstood.
Key points:
- If you’re the only person with parental responsibility, your chosen guardian will take over immediately
- If another person shares parental responsibility, your appointment only takes effect when they are no longer able to act
- A father not named on a birth certificate does not automatically gain parental responsibility if the mother dies
A Will ensures the person you trust most is legally recognised.
Claims from ex-spouses
Even after divorce, an ex-spouse may still be entitled to claim against your estate under the Inheritance (Provision for Family and Dependants) Act 1975 if:
- They have not remarried, and
- There was no court order ending financial claims
A final financial order (clean break) is vital to protect your estate.
The “Catastrophe Clause”: what if all your beneficiaries die?
It’s unlikely, but every Will should plan for the situation where your main beneficiaries die before you. Without a backup, part or all of your estate may fall under intestacy rules.
Many clients choose:
- Extended family
- Close friends
- Charities they support
as longstop beneficiaries.
A single clause prevents uncertainty and ensures your estate still reflects your values.
Life changes quickly, and your Will should change with it. If you’ve experienced any of the events above, it’s a good time to review your Will and make sure it still does what you want it to. 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.
