Effects of Marriage, Divorce and Cohabitation on a Will

By Dafé Disi

If you are married, divorced or cohabiting with a partner - this article explores the effects these three circumstances can have on a Will. Understanding the implications is important, even if you don’t have a Will yet, as certain legal actions can apply automatically.

Marriage

If there is a Will in place at the time of marriage, it is revoked and is automatically void. This is because marriage changes a person’s legal and financial circumstances.

However, if a Will is written while the testator is planning on getting married, a ‘contemplation of marriage’ clause may be added to the Will. For a contemplation of marriage clause to be valid it must name the future spouse and explicitly state that the Will should not be revoked due to the pending marriage.  However, the Will would be revoked should the Testator marry someone other than the person named as their future spouse in the Will.

Divorce

Unlike marriage, divorce does not revoke a Will. Instead, the Will remains valid, and the ex-partner is treated as having died on the date of the divorce. This means that all gifts to the ex-partner fail as well as their appointment as executor.

Cohabitation

Cohabitation does not have an effect on any current Will, nor does it give the cohabitating partner any automatic legal right to inherit. If one of the cohabiting partners should die, their estate would follow the rules of intestacy meaning that blood relatives and spouses/civil partners are the only ones able to inherit.

Whether you are single, married, divorced or living with a partner, it is important to make a Will that matches your current position. To make a Will or review an existing Will please call Sampson Coward on 01722 410664 and our team will be happy to help.

Dafé Disi