Many people do not realise that although they may already have a Will in place, it becomes immediately invalid upon marriage or entering into a civil partnership.
This can only be avoided by carefully drafting your Will to specify that you do not intend for it to be revoked by your marriage or civil partnership with a specifically named person. If your Will does not include this provision, then it is automatically revoked and therefore becomes invalid as soon as you marry or enter into a civil partnership.
Subsequently, if you pass away without executing a new Will, you will die intestate. This means that your estate will be distributed according to the rules of intestacy.
The rules of intestacy set out a legal order of inheritance.
If you do not have any children, your spouse or civil partner will be entitled to the whole of your estate.
If you do have children, your spouse or civil partner is entitled to all of your personal chattels and the remainder of your estate up to the current statutory limit of £320,000. Anything above that amount will be divided, with 50% passing to your spouse or civil partner and the remaining 50% divided amongst your children.
If you do not have a spouse or civil partner, or any direct descendants, your estate will be divided amongst more remote family members. If there are no surviving family members, your estate may pass to The Crown.
It is therefore vital to ensure that you have a new Will prepared following your marriage or civil partnership so that your estate passes exactly as you intend and to avoid the complexities of dying intestate.
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