BEACON WEALTH LEGAL
- Wills - New Relationships and
February - March 2019
Wills and new relationships and/or relationship break downs.
A natural follow on is the impact relationship changes can have on any Wills you have drawn up.
Your Will Is Likely To Be Revoked When Getting Married
If you have a Will it will usually be revoked when you marry/enter a civil partnership, unless it has been drafted with the marriage in contemplation with the appropriate clauses.
Therefore if you are getting married and want to get Wills in place before you do so in preparation, you should have this in mind.
Your Will will Still Stand When You Divorce
However, when you divorce, your Will is not automatically revoked.
Instead your ex-spouse/civil partner is treated as having died before you in respect of any provisions that include them in your Will.
Check Your Executor Names
Therefore if you named your ex as your Executor in your Will, that appointment will no longer stand and you should check to see that you named a replacement Executor who can step in.
Until you are divorced the terms of your Will will continue to operate, is this what you want?
Reviewing Your Will
In any event marriage or divorce are a sensible time to review things and make sure what you had in place covers your new situation.
When Do You Need A Will?
Regardless of your relationship situation, if you have children under the age of 18 you can name guardians to look after them in your Will should you die.
Careful drafting of your Will leaving legacies to children can ensure that none of your children are left out.
This can be particularly important should a child subsequently transition from one gender to another and inadvertently be excluded from the Will.
Lasting Powers of Attorney (LPAs) and changes in your relationships.
You may wish to review your LPAs if your relationship has broken down and your former partner was named as one of your Attorneys.
Provided you have replacement Attorneys/other Attorneys named in the Will, you can notify the Office of the Public Guardian that you no longer wish them to act.
However, you cannot name new Attorneys and if you want to do this you would need to create new LPAs and cancel the existing ones.
How changes in your family circumstances may affect your Will.
Beacon Wealth Legal have experts in Family Law who will be able to talk you through the legal aspects of any relationship difficulties you may be having, in particular in relation to children or finances.
Similarly, if you are embarking in a new relationship but concerned about protecting your current financial position, our Family Solicitor can talk you through pre-nuptial agreements and how effective they may be.
If you are looking to move house Beacon Wealth Legal have a team of conveyancing experts to help you every step of the way.
If you have recently moved house don’t forget to update your Will.
Contact Sally Power, Head of Private Client at Beacon Wealth Legal on Tel: 01480 219699 or Email: if you would like more information on the subjects in this article or to arrange an appointment.