Do I need to make a new will if I remarry?

Many people do not know that if you get married, this automatically revokes your last will prior to the marriage.   

To ensure that your assets pass in accordance with your wishes, you will need to update your will once you remarry.  Without doing so, the rules of intestacy will prevail which are a strict set of rules setting out the order in which someone will inherit your estate.

If you pass away without a valid will in place, then your husband, wife or civil partner will be entitled to the first £270k of your estate and all personal possessions.  Anything over £270k will be split equally between the surviving spouse and any children.

An example of children missing out on their inheritance:

Julie has two children from a previous marriage, Tina and Charles.  Julie had a will leaving her estate to Tina and Charles in equal shares. Julie then married Stephen who has two children from a previous marriage, Rosemary and Joe.  Julie then passed away leaving an estate worth £250k.  

In this scenario, Stephen would inherit Julie’s entire estate. Stephen could have made a will leaving his estate to Rosemary and Joe. Therefore, Tina and Charles would be left nothing from their mother’s estate and would not be entitled to any sentimental items.

One way of ensuring that your will is not revoked when you remarry is to ensure that it sets out that you are making a will in contemplation of marriage and it sets out the name of the individual you plan on getting married to..

If not, you will need to update your will after you have remarried to ensure that your wishes are in place.

If you have recently got married or you would like to make a will in contemplation of marriage then please contact our Wills, Trusts and Probate team to discuss your requirements. 

I can be contacted on 01206 217609 or [email protected].