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Will

Do I Need To Update My Will If I Remarry?

update my will

Life is full of transitions and getting married is exciting, whether the first or second time. Often when we get married, we name our spouse as the beneficiary in our Will. When we get a divorce, the Will remains valid; however, it changes/revokes our ex-partner appointment and their rights to any inheritance.

Drawing up a new Will is essential whenever you have significant changes in life, such as a birth, death, divorce, separation, or getting remarried. 

What Happens To My Will If I Remarry?

Once you remarry, your previous Will is no longer legally valid.

When you draw up a new Will, it ensures that your final wishes are clear, and your loved ones will be cared for.

It is vital to update your Will when you remarry, divorce, separate or have a significant life change. 

Does Getting A Divorce Automatically Revoke My Will?

When you get a divorce and receive your decree absolute, your Will remains valid except for the appointment of your former spouse and any  inheritance left to him or her.   Your former spouse is treated as though they passed away.  If your former spouse were the only legal beneficiary on the Will, your estate would fall under intestacy rules. 

What this means is that the rules of intestacy could apply. Intestacy laws come into effect if anyone dies without a Will, and it will determine who will inherit your estate.

Once you are divorced, it is beneficial to draw up a new Will that reflects your current wishes and beneficiaries for your estate. Making a new Will ensures that you will provide for any children that you have.  It also enables you to consider a new potential partner.

What Happens To My Will If My Partner And I Are Separated?

When you and your partner separate, your Will remains valid no matter how long the separation is. All beneficiaries, including your partner, will inherit your assets and properties if you have included them in your Will.

Drawing up a new Will to reflect your current personal circumstances ensures that your estate and children are cared for and that your current directives match your final wishes.  It also enables you to get advice from a solicitor because your new partner may have a claim against your estate if they have lived with you for two years before your date of death.

Contact Elizabeth Middleton Solicitors To Help You

We have an experienced team to help you update your Will and ensure you receive personalised care. We recommend that you review your will regularly, ideally every three to five years.

At Elizabeth Middleton Solicitors, we can help you to help you plan your future by creating Trusts, writing and revising your Will, drafting Lasting Power of Attorney, and obtaining Probate and Equity Release. We are compassionate and experienced and look forward to helping you. Contact us today to explore what we can do for you,