It’ s a common misconception that getting married has no effect on an existing will. However, not only is this not the case, but failing to update your will after getting married could have serious consequences for your estate. Consequences of failing to update a will in line with a change in matrimonial status could include dying intestate, resulting in the estate automatically being passed to the new spouse – remember, marriage automatically revokes any existing will, unless a contemplation of marriage clause is in place.

Without proper advice, clients could be left vulnerable to their estate not being bequeathed in accordance with their wishes.

Contemplation of marriage clause

Your client can, however, include a contemplation of marriage clause in their will prior to their nuptials, specifically stating that the will is not to be revoked on the impending marriage. When this is put in place, the‘ pre-marriage will’ is not revoked when the subsequent marriage takes place.

Understandably, dealing with a will is not usually at the top of the list of priorities when planning a wedding, as it’ s not an inherently romantic thought! However, it is definitely worth advising your clients to ensure their will is in order before the big day, so that they can get married and embark on their honeymoon without having to worry about it afterwards.

Subsequent marriage

Around a third of all marriages in England and Wales involve couples where at least one of them has been married previously, with the majority also having children from that previous marriage.

A subsequent marriage can have a significant impact on someone’ s estate after they pass away.

Chloe Faulkner, Business Development Manager, APS Legal & Associates

In some cases, this can mean that people who had previously been beneficiaries are no longer in line to inherit anything after the person passes away, unless steps are taken to make a new will ensuring the wishes of the deceased are considered. This could potentially include children from a previous relationship receiving very little or nothing from the estate of their parent.

26 | The Adviser