How does marriage affect succession?

In our Ask the Legal Expert series, Cherrie Powell, a Legal Advisor in JCP’s Lifetime Planning team, explains how marriage affects succession.

Most people assume that once they have made their Will, this remains valid forever.  Many people are shocked to learn that getting married automatically revokes any Will made before the marriage.

It is possible to make a Will in contemplation of marriage to prevent the Will from becoming invalid, but the Will must be carefully drafted to avoid this. The best course of action is to regularly update your Will in line with evolving family situations, especially after marriage.

This is because, when a person dies without a valid Will, they are said to have died intestate. The laws of intestacy then set out how the estate is divided, even if that person once had a Will and it has now become invalid following marriage.

The rules of intestacy were originally set up in the Victorian era and were designed to reflect how society would expect a person’s estate to be divided when there is no valid Will. There is sadly no ‘one size fits all’ solution when providing for who should inherit, and the intestacy rules can therefore feel unfair in many situations.

There is a strict order of priority specifying who benefits under the current rules of intestacy.  The surviving spouse or civil partner is entitled to all personal effects, a statutory legacy of £322,000.00 plus 50% of the remaining estate. The residual 50% is then divided equally between all of the deceased’s children, or grandchildren if any children have predeceased them. Any assets held jointly by the deceased will automatically pass to the survivor. Where there are no children, the spouse or civil partner will receive 100%. 

Whilst revocation of a Will on marriage might not cause an issue for many families, there are circumstances where this can cause devastation. The rules of intestacy would not provide for situations such as blended families, or where there has been a family feud, and may not actually provide for what the deceased wanted. 

An intestacy situation can result in an emotionally distressing and costly claim having to be made against an estate. It is therefore crucial to review your Will if you plan on marrying or have married since you made your Will. 

If you need legal advice and guidance around making a Will, JCP Solicitors can help. Call our team on 03333 208644 or email hello@jcpsolicitors.co.uk