Legal Question of The Week 21/09/2018
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.
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