Our Wills, Probate, Tax and Trusts Legal Hour is hosted by Vicky Tassell, Associate in our Wills, Probate, Tax and Trusts department.
If you require further help regarding Wills, probate, tax and trusts, please phone us on 01279 755777 or contact Vicky Tassell directly.
Our Wills, Probate, Tax and Trusts Team will be hosting the Nockolds Legal Hour on the following dates:
|Wednesday 28th March 2018 ||12pm - 1pm |
|Wednesday 9th May 2018 ||12pm - 1pm |
|Wednesday 20th June 2018 ||12pm - 1pm |
Our Latest Legal Hour Questions (28.03.18) Read your previously answered questions here
Do I need to update my will when I am married, even if I don’t want to change it? My will leaves everything to my children from a previous relationship and I would like that to continue.
The short answer is yes- unless your current Will was made ‘in contemplation’ of the marriage in question, it will have been automatically revoked. Until you put a new Will in place, you are technically ‘intestate’ meaning that the statutory rules would apply to the distribution of your estate if you die. Currently these say that your spouse has the first £250,000 of your estate and the excess is divided and shared half to your spouse and half to your children. As you can see, if these rules were applied, your children would receive significantly less than you intended.
It is important that you take professional advice when preparing your new Will as it will also be necessary to consider whether you ought to make any provision for your new spouse - such as allowing them to live in any jointly owned property if you die. The Inheritance (Provision for Family and Dependent) Act 1975 gives Spouses the right to make a claim against your estate if you do not make ‘reasonable financial provision’.
We would be more than happy to see you to discuss preparing your new Will and would cover this as part of our discussions.