As a financial expert with years of experience, I’ve seen how life’s major milestones—like marriage, divorce, and remarriage—can significantly impact estate planning. A will is a crucial document that ensures your wishes are honored, but these life changes can alter its validity and effectiveness. Let’s explore how these events affect your will and what steps you can take to keep your estate plan up to date.

How Marriage Affects Your Will

Marriage has a profound effect on your will. In many jurisdictions, including England and Wales, marriage automatically revokes any existing will unless it explicitly states that it was made “in contemplation of marriage.” This means that if you do not create a new will after marrying, you are effectively left without one.

Consequences of Not Updating Your Will After Marriage:

• Intestacy Rules Apply: Without a valid will, your estate will be distributed according to intestacy laws. Typically, this means your spouse inherits the bulk of your estate, which may not align with your wishes—especially if you have children from a previous relationship or other intended beneficiaries.
• Unintended Beneficiaries: If your previous will included specific bequests to friends or charities, those wishes will no longer be honored unless you create a new will.

Solutions:

• Create a New Will After Marriage: To ensure your spouse and other loved ones are provided for according to your wishes, draft a new will as soon as possible after getting married.
• Include a “Contemplation of Marriage” Clause: If you’re planning to marry but want to create a will beforehand, include a clause stating that the will remains valid after your marriage to a specific individual.

How Divorce Affects Your Will

Unlike marriage, divorce does not automatically revoke your will. However, it does alter how certain provisions are treated:

Key Changes After Divorce:

• Ex-Spouse Treated as Deceased: Your ex-spouse is treated as though they predeceased you. This means:
  • Any gifts left to them in your will fail and become part of the residuary estate.
  • If they were named as an executor or trustee, their role is revoked.
• Intestacy Risks: If your entire estate was left to your ex-spouse and there are no alternate beneficiaries named, intestacy rules may apply, potentially leading to unintended outcomes.

What Happens During Separation?

If you’re separated but not yet legally divorced (i.e., before receiving the decree absolute), the terms of your existing will remain in effect. This means anything left to your spouse in the will is still valid unless you update it.

Solutions:

• Update Your Will Immediately After Divorce: Create a new will to reflect your current wishes and ensure that assets are distributed appropriately.
• Review Beneficiary Designations: Update beneficiary details for life insurance policies, pensions, and other accounts that pass outside the will to ensure they align with your intentions.

How Remarriage Affects Your Will

Remarriage has similar implications for your will as marriage—it automatically revokes any previous wills unless they were made “in contemplation of marriage.” This can lead to complications if you have children from a previous relationship or specific bequests in mind for other beneficiaries.

Challenges of Remarriage:

• Blended Families: Without a new will, intestacy laws may prioritize your new spouse over children from a previous relationship or other intended beneficiaries.
• Unintended Exclusions: If you fail to update your will after remarrying, loved ones who were included in an earlier version may be unintentionally excluded from inheriting anything.

Solutions:

• Draft a New Will After Remarriage: Ensure that both your new spouse and any children or other dependents are provided for according to your wishes.
• Consider Trusts for Complex Family Dynamics: Trusts can help balance the needs of a new spouse with those of children from previous relationships by providing financial support while preserving assets for future generations.

Additional Considerations

Pensions and Life Insurance Policies

Pensions, life insurance policies, and death-in-service benefits often have separate beneficiary designations that are not governed by your will. These designations remain valid even after marriage or divorce unless updated. Ensure these align with your current wishes by reviewing and updating them after major life events.

Seek Professional Advice

Major life changes like marriage, divorce, or remarriage can complicate estate planning. Consulting an estate planning attorney ensures that all aspects of your finances—wills, trusts, beneficiary designations—are aligned with your intentions.

Conclusion

Marriage, divorce, and remarriage significantly impact the validity and effectiveness of your will. Without proper updates, these life events can lead to unintended consequences such as intestacy or disputes among beneficiaries. By proactively reviewing and updating your estate plan after major milestones, you can ensure that your assets are distributed according to your wishes while minimizing legal complications for loved ones.Remember that estate planning is an ongoing process that evolves alongside life’s changes. Taking the time to update your will ensures peace of mind for you and clarity for those you care about most.

Frequently Asked Questions (FAQ)

Q1: Does marriage automatically revoke my existing will?
Yes, in most jurisdictions marriage revokes any existing wills unless they include a “contemplation of marriage” clause specifying otherwise.

Q2: Does divorce cancel my entire will?
No, but it treats your ex-spouse as though they predeceased you, revoking any gifts or roles assigned to them in the document.

Q3: What happens if I remarry without updating my will?
Your previous will becomes invalid upon remarriage unless it was made “in contemplation of marriage.” Without a new one, intestacy laws determine how assets are distributed.

Q4: Should I update my beneficiary designations after divorce?
Yes! Beneficiary designations on pensions or life insurance policies aren’t affected by divorce unless updated separately.

Q5: How often should I review my will?
Review it every 3–5 years or after major life events like marriage, divorce, remarriage, childbirth, or significant financial changes.