Unknown to many people is a law dating back to the reign of Queen Victoria in 1837.  This law causes your Will to be revoked in the event you get Married, unless there is a clause expressly stating otherwise in your Will.

The “Intestacy Rules” apply to an estate where there is no Will, and for many people this is damaging to their circumstances as it is a one size fits all solution and may not fit your family circumstances.

If you are married and have children, and you pass away without a Will, then your spouse takes your personal belongings, the first £270,000 (from 6th February 2020) of your estate and only half of what is left. The remaining half will go to your children.

This is not what many people would like, as they assume everything will go to their spouse as they are married.  However, if they have children then this is not the case. They believe their Will (which was written before they got married) takes care of their wishes, when in fact it would have actually been revoked by such marriage even if the main beneficiary in the Will is the person who has now become the legal spouse.

How can it review my Will?

You should speak to us to arrange an appointment review your Will.

If you are contemplating marriage, or have recently married:

  • It is an important time to review your Will, you may find that your circumstances have changed since writing your last Will and your old Will is no longer relevant.
  • Alternatively, you may have never made a Will in which case you should consider doing so.

For more information contact Newnham & Jordan Solicitors today on 01202 877 400 to review your estate planning.

This article is intended for general information purposes only and shall not be deemed to be, or constitute legal advice. Newnham & Jordan Solicitors, in Wimborne Dorset, cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

Fiona Pawsey
Article by Fiona Pawsey
Fiona has been practicing family law for over 12 years initially as a Legal Executive and then subsequently as a solicitor. Fiona is a trained collaborative solicitor, as well as a Resolution Panel Member. She is experienced in advising clients going through divorce or family breakdown, including financial settlements and disputes over children, in particular complex contact and residence issues. In addition to family law Fiona also deals with litigation, property transactions and residential Conveyancing

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