Does marriage or divorce have an effect on your Will?

It is essential to consult with a solicitor or legal professional when a significant life event occurs to ensure your Will accurately reflects your wishes. Both the creation and ending of a marriage or civil partnership can have a serious effect on your Will.

The effect of Marriage & Civil Partnerships on your Will

In England and Wales, when someone marries or enters into a civil partnership, their Will is automatically revoked unless a specific clause is included to prevent the revocation. This means that if the individual does not make a new Will before they die the rules of intestacy will apply and the deceased’s estate may not be distributed as they wished.

The effect of ending a Marriage or Civil Partnership on your Will

Divorce or the dissolution or annulment of a marriage or civil partnership does not revoke a Will. However, your ex-spouse/ civil partner is treated as if they had pre-deceased you. This could mean your estate is not distributed in accordance with your wishes or invalidate any appointment of executors or trustees should you want your ex-spouse/civil partner to remain acting for the benefit of any children you have together.

Discuss your Will with Browell Smith & Co

If you would like to obtain more information or schedule an appointment to discuss your situation, please don’t hesitate to reach out to us. You can contact us on 0191 2503200 or email

All initial 30 minute consultations are free of charge.

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