Marriage, civil partnerships, separation and divorce

Marriage revokes a Will, unless the Will contains a special "expectation of marriage" clause. So, if you have a Will and are contemplating marriage you should make a new Will before the event containing the expectation of marriage clause. Failure there would lead to the original beneficiaries, e.g. your children by a previous marriage, losing a great deal if you should die of excitement on the honeymoon.

Civil partnerships have the same effect as marriage.

Living with a partner when not married does not create the presumption that you are married. So, without Wills, if one of you died the surviving partner will inherit nothing unless he or she manages to claim under the provisions for family and dependants legislation.

If you are separating, but not yet divorced then you should make a new Will immediately. Failure there may lead to the once loved now hated husband or wife taking the major share.

Divorce does not revoke a Will. Instead the Will would be interpreted as though the divorced husband or wife had died. Nevertheless the Wills should be updated since, in the absence of children, the Wills may assign half the estate to her relatives and half to his.

Living with a partner when not married does not create the presumption that the couple are married.

So, without Wills, if a partner died the survivor would inherit nothing unless he or she managed to claim under the provisions for family and dependants legislation.

If a couple are separating, but not yet divorced then they should make a new Will immediately. Failure there may lead to the once loved now hated husband or wife taking the major share.

Divorce does not revoke a Will. Instead the Will would be interpreted as though the divorced husband or wife had died. Nevertheless the Wills should be updated since, in the absence of children, the Wills may assign half the estate to her relatives and half to his.

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