Marriage usually revokes a will, but divorce does not
by Karen Walsh
Did you know that marriage revokes a will, unless that will is made in contemplation of that marriage?
If you made a will prior to marriage, your will is revoked, and if you were to pass away, you would be deemed to have died intestate.
Did you know that divorce does not revoke a will?
If you are divorced from your spouse, but have not changed your will giving everything to your ex-spouse, then you need to make an appointment to meet your solicitor as soon as possible.
Wills should be reviewed every five years, to make sure that they are up-to-date, and accurately reflect your wishes. People’s circumstances change over the years; they acquire or sell a property, someone passes away; they have another child, or remarry. These changes need to be considered, so that you leave a will in place that reflects your current circumstances and wishes.
Often, I find that people think that the will they make now is the “be all and end all” document, and they are just not ready to make such huge and overwhelming decisions at this stage.
A will is something you create for right now— not for some time in the future —with what you currently have, what your thoughts are for giving them away, and who you know now that you would like to give them to.
Next year, all that can change. People often say they are not sure who yet is interested in farming, who is interested in the family home, who intends living abroad, etc.
Change is inevitable, and the child you may think will go farming may not, and vice versa. All you have to do at that point is revise your will.
The best part is, once you’ve made your first will, the next one becomes much easier.
Then you get to a point, as you go along through life, where you get clear ideas of what you should change, enabling you to easily keep your will consistent with how you feel today.
It is not only people in the latter part of their life that should make a will. It is very common for 20–30 year olds to not make a will, even after they have children and buy their first home.
It is as important for anyone who has assets to make a will. You’re never too young to start planning ahead.
“Ignorance is bliss.”
Most often, those that don’t make their wills simply aren’t aware of the effects of not making a will. Without a will, your estate is distributed according to the rules of intestacy, which means that your assets could pass to a person or persons whom you would not want them to pass to at all!
If you are married, your spouse would receive some or all of your property, then your children. If there are no children, then your parents. If there are no parents, then your brothers and sisters or their children, etc. You get the idea. And the process to figure all this out costs money, which your estate pays for.
So, if that is what you intend, t great. But most people’s intentions are not reflected in the rules of intestacy, so that’s why it’s a good idea to plan ahead.
You would not leave anyone dictate what you do with your assets now, so why would you let someone dictate who acquires your assets after your death!
Not wanting to deal with family issues is a big reason a lot of people don’t make wills.
Having to confront issues of the past can be extremely uncomfortable, and sometimes painful. While issues with past relationships, an addicted family member, or more, can seem unresolvable, there are solutions.
One way is to work with a solicitor, who can help in these types of situations, as they generally have experience tailoring wills to deal with more complex or delicate family dynamics.
Making a New Year’s resolution is a great way to make a positive change in your life, whether it’s going to the gym, waking up earlier, or saving your money.
But, it’s very rare you’ll keep your resolutions for the whole year.
Approximately 80% of resolutions fail by the second week of February, so the odds are against you.
Make sure you add making or updating your will to your list of resolutions, and maybe try to do it before that second week in February!
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