Legal Question of The Week 21/09/2018
  • 21st Sep 2018
  • Article written by Joshua Parton
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I have a Will made 10 years ago and I am about to get married, do I have to update my Will?

 

If a person marries after executing a will, the marriage will generally revoke the will. Should no further will be made before death, that person will die ‘intestate’ and the distribution of his/her estate will be governed by the intestacy rules. These set out who is entitled to share in the deceased’s estate with a surviving spouse and children being first entitled.

An exception exists if it is clear that the person making the will was expecting to marry a particular person and that s/he intended that the will would not be revoked by such marriage. An express declaration in the will to this effect will prevent revocation.

A will can also be made conditional upon marriage in that it does not take effect until marriage takes place. The question of revocation is not raised in these circumstances.

For more help with this issue you can contact Josh here.

 

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