The Impact of Divorce and Marriage on Wills

The Impact of Divorce and Marriage on Wills

It is sometimes overlooked, but your Will should be an important consideration if you are getting married.

Marriage, whether it takes place in the UK or abroad, automatically revokes a Will made by either party. This is known as involuntary revocation.

This can be found in section 18 of the Wills Act 1837, which states that ‘a Will shall be revoked by the testator’s marriage’.

Exceptions to the rule

Wills made on or after 1 January 1983 can still be deemed valid if there is a clause in relation to expectation of marriage.

It must appear in the Will that, at the time it was made, the testator was expecting to be married.

This particular clause may include wording such as ‘the Will shall not be revoked by his marriage to that person’. By including this clause, it shows that the testator is expecting to marry a particular person, and it makes their intentions clear that the Will is not to be revoked due to marriage.

The effect of divorce on Wills

If the testator was to get divorced, then their Will would still be valid. However, the former spouse would no longer benefit from any gifts to them that were in the Will. Therefore, these gifts automatically lapse following divorce.

Conclusion

It is important to make a new Will once you’re married to ensure that your estate is being administered in accordance with your wishes. However, if you plan to make a Will before you’re wedding, you can add a clause relating to expectation of marriage to ensure that your Will does not get revoked.