People often think that the Will ceases to have effect in such circumstances but that is not actually the case.
Instead, your ex-partner is deemed to have died before you (so that any gift to them does not take effect) but the rest of it still stands.
If you have left money or property to members of your ex-partners family, those gifts will still take effect on your death. By contrast, a new marriage or civil partnership does automatically revoke any Will you have made (unless you have expressly included a clause preventing this).
If this is a second marriage, this could mean that you now have no Will and that on your death all or most of your wealth will pass to the new spouse. This could be a serious problem if you have children from your first marriage that you want to benefit (and who are expecting to inherit!).
The moral is that whenever there is a major life event
- Births
- Marriages
- Divorces
- Deaths
You really should see a solicitor at Ringrose Law and review your Will.
How we can help
We offer a free Will review service and will take the time to look at your exisiting Will and help you in putting together a new Will to reflect the change in your circumstances.
For further information contact us at our offices in Lincoln, Boston, Grantham, Newark, Sleaford or Spalding or call 01522 561020.