Wills and Major Life Changes

Life rarely stands still. Relationships begin and end, families grow and change, and circumstances evolve over time. These changes can have significant effects on your will and estate planning. Understanding how major life events impact your will helps you avoid unintended outcomes and ensures your wishes are properly documented.

How marriage affects your will

In England and Wales, getting married automatically revokes any existing will. This means that if you had a will before your marriage, it becomes invalid the moment you marry. If you die without making a new will after marriage, your estate is distributed according to the Rules of Intestacy rather than your previous wishes.

There is one exception: a will made "in contemplation of marriage" to a specific person remains valid after that marriage takes place. However, this must be clearly stated in the will, and it only applies to the specific marriage contemplated.

Many couples across Kent, including in Tonbridge and Sevenoaks, make new wills shortly after getting married. This ensures both partners have up-to-date documents reflecting their current circumstances and wishes.

How divorce affects your will

Unlike marriage, divorce does not automatically revoke your will. However, it does have important effects:

• Any gifts to your former spouse in your will fail, as if they had died before you
• If your former spouse was named as executor, they can no longer act in that role
• The rest of your will remains valid

This means the residue of your estate (what remains after specific gifts) passes as if your former spouse had predeceased you. Depending on how your will is drafted, this might not produce the outcome you expect.

It is strongly advisable to make a new will after divorce. This gives you control over who benefits and who acts as executor, rather than relying on legal rules that may not match your intentions.

Separation without divorce

If you separate from your spouse but do not divorce, your will remains fully valid and your spouse can still inherit under it. Many people are surprised to learn that separation has no legal effect on a will.

If you are separated, you should review your will to ensure it reflects your current wishes. You may want to change beneficiaries, executors, or both.

Co-habitation and unmarried partners

Unmarried partners have no automatic right to inherit from each other's estates. This is true regardless of how long you have lived together, whether you have children together, or how financially intertwined your lives may be.

If you are not married and want your partner to inherit, you must make a will that specifically provides for them. Without a will, the Rules of Intestacy apply, and an unmarried partner receives nothing.

This is one of the most important reasons for co-habiting couples to seek professional will writing advice. A properly drafted will can ensure your partner is provided for and your home is protected.

Civil partnerships

Civil partnerships are treated the same as marriages for the purposes of wills and inheritance. Entering a civil partnership revokes any existing will, and ending a civil partnership has the same effects as divorce.

When children arrive

The birth or adoption of children is another key trigger for reviewing your will. You should consider:

• Appointing guardians to care for your children if both parents die
• Making appropriate financial provisions for your children's upbringing and education
• Setting up trusts to manage inheritance until children are old enough to manage it themselves
• Updating beneficiary provisions to include new children

Many parents also use this opportunity to consider Lasting Powers of Attorney, ensuring someone can make decisions on their behalf if they become incapacitated.

Blended families and second marriages

Second marriages and blended families require particularly careful planning. Common concerns include:

• Ensuring children from a previous relationship are provided for
• Balancing the interests of a new spouse with those of existing children
• Protecting the family home so it benefits the right people
• Clarifying what happens to assets brought into the marriage

Trusts can be particularly helpful in these situations, allowing you to provide for a surviving spouse during their lifetime while protecting capital for children.

Planning clearly to avoid disputes

Unclear or outdated wills are a common source of family disputes. By reviewing your will after major life changes and working with a professional will writer, you reduce the risk of:

• Unintended beneficiaries receiving your estate
• Former spouses retaining rights you did not intend
• Children being left without guardians or proper provision
• Family arguments about what you really meant

Key takeaways

Major life changes have real effects on your will and estate planning. Marriage revokes a will, divorce affects gifts to a former spouse, and unmarried partners have no automatic inheritance rights. Regular reviews and professional advice help ensure your will remains accurate and effective. Will writers across Kent, including Tonbridge and Sevenoaks, regularly help clients navigate these changes.