It’s a good idea to make a Will before you get married, for reasons which we’ll discuss in this guide. However, a regular Will is revoked after marriage, so many people are put off the idea because they assume they’ll have to pay for new Will once they are married. The good news is, you can make a Will that takes effect before you get married and remains in effect after you are married. This type of Will is called a Will ‘in contemplation of marriage’. In this guide we’ll explain why it’s a good idea to make a Will before marriage, and how a Will ‘in contemplation of marriage’ works.
Why Is It a Good Idea to Make a Will Before I Get Married?
Making a Will before you get married can protect your loved ones and assets. If you died before marriage, your partner would not receive any of your estate under intestacy rules. You can correct this with a Will, stipulating how much of your estate you wish to be passed on to your partner in the event of your death. This is particularly important if you are bringing up children together, as your partner may not be able to provide for your children adequately without financial support from your estate.
Another good reason to make a Will before marriage, especially if you have children, is to protect your family in the event that both you and your partner were to die. You can stipulate in your Will how your estate should be shared and who should raise your children if this ever came to be. If you were both to die without a Will, these big decisions would be left to the rules of intestacy and social services, and the outcome may not be as you would wish. You know your family better than anyone, so it’s best you decide how your estate will be shared and who will care for your children and shape their futures if you are ever taken from them.
Aside from protecting loved ones, you may want to make a Will before marriage to protect certain assets or savings. Although your partner wouldn’t automatically be entitled to a share of your estate if you died out of wedlock, they could be able to make a successful claim. If you would like to protect certain assets, savings, or business shares to be passed on to your children or other family members, then a Will ‘in contemplation of marriage’ is the best way to do this. Your document will provide protection in the months or years leading up to your wedding and will continue to do so after you are married. This may sound a bit harsh or unromantic, but in today’s world, it’s very common to protect certain assets from being passed on to long term partners or spouses, especially when there are children involved, sometimes from previous relationships.
How Do I Make a Will That Still Works After Marriage?
It’s important to remember that a regular Will made before you are married will be revoked after your wedding, at which point you would need to make a new Will. However, there is a type of Will that can solve this issue, called a Will ‘in contemplation of marriage’. This type of Will is not revoked by marriage and will remain in effect before and during wedlock. You can’t use this type of Will if you are simply planning to get married ‘one day’ to ‘someone’ – you’ll need to give a date, or at least a year, in which you plan to get married and specify who you will be marrying. Once you’ve detailed this information, you can then include clauses that stipulate that your Will should remain in force after marriage. It’s important to use a professional Will writer for this kind of Will, otherwise, mistakes can be made and clauses left out that may invalidate your Will and prevent it from holding up in court.
The Bottom Line
There are many reasons people make a Will before marriage, from protecting partners and children through to protecting assets and savings. Making a standard Will is not a good option because it will be revoked after marriage, at which point you’d have to go through the process again and incur the cost of a new Will. For this reason, it’s better to make a Will ‘in contemplation of marriage’, which includes clauses stipulating that you wish your instructions to remain in effect after you are married.
It’s important to use a professional, regulated Will writer for any type of Will – but it’s especially important for a Will ‘in contemplation of marriage’ due to the additional clauses and details required to ensure your document continues to be legally valid once you are married. At Michael Usher Wills & Estate planning we’ve been helping our local community with this type of Will for over 30 years, and we’re regulated members of the Institute of Professional Willwriters, so you can be confident our service is of the highest quality.
We’re a friendly team, and we’re always happy to chat with you for free about your Will and answer any questions. Call us on one of the numbers below or book a free consultation here. We look forward to helping you protect your loved ones and your estate – before and after marriage.
Camberley: 01276 691979
Basingstoke: 01256 637007
COVID-19 Update
Due to the current situation, you are now able to make a Will with us remotely for your own safety and convenience. Read the article below to find out how this works.
