Many people are unaware that a perfectly valid Will is automatically revoked upon marriage.
This legal principle, rooted in the idea that marriage significantly alters a person’s financial and personal obligations, can have consequences for estate planning. Understanding how and why this happens is crucial for anyone who wishes to ensure that their assets are distributed according to their wishes.
Why Does Marriage Revoke a Will?
The revocation of a Will upon marriage is based on the presumption that a person’s intentions regarding inheritance change when they enter into a legally recognised partnership. Marriage creates new legal rights and responsibilities between spouses, including inheritance rights. The law assumes that a newly married person would want their spouse to be a primary beneficiary, which may not be reflected in a pre-existing Will.
Implications of Revocation
If a Will is revoked due to marriage and the testator dies without creating a new one, the estate will be distributed based on intestacy laws. Typically, this means the surviving spouse inherits the majority, if not all, of the estate, which may not align with the deceased’s original intentions. Other intended beneficiaries, such as children from previous relationships, close friends or charities, could be inadvertently excluded.
Exceptions to Automatic Revocation
A Will may include a clause that explicitly states it is made “in contemplation of marriage.” This means that the testator (the person making the Will) had planned for their upcoming marriage and intended for their Will to remain valid after the union. If such language is included and legally valid, the Will is not revoked upon marriage.
Steps to Take
To prevent complications, you should review and update their wills upon marriage. Consulting an estate planning attorney can help ensure that a new Will is drafted to reflect current wishes and protect all intended beneficiaries. Additionally, anyone planning to marry should consider including a clause in their existing Will that acknowledges their upcoming marriage and avoid unintended revocation.
Understanding that marriage can revoke a Will is essential for effective estate planning. To safeguard assets and ensure wishes are honoured, you should proactively update your Wills upon marriage.
Contact us below for more help.