Episode 14 - Protecting your assets, understanding Wills in relation to marriage, divorce and death

In this latest episode, Natasha Slabas, Family Partner at DMH Stallard, is joined by her colleague Jennifer Ray, who is a Private Client Partner, to discuss the topic of Wills in relation to  marriage, divorce and death. 

Overview of this discussion:

1. In UK, marriage automatically invalidates a will made before the marriage unless it is made in contemplation of marriage. If the person does make a new will their estate will be distributed in accordance with intestacy rules. These are pretty rigid and don’t really reflected the growing number of blended families we see in the UK. You can draft a will to say it will not be revoked following the marriage/civil partnership to avoid this happening and allow you to address these issues before you marry. Afterwards the honeymoon is probably going to take priority. 
   
   
2. If there are foreign wills the rules will vary depending upon the jurisdiction and the consequences of not having a valid will will also  vary, you’ll need specialist advice from a lawyer within the relevant jurisdiction.
   
   
3. Divorce does not invalidate the will but an ex-spouse will be treated as if they have predeceased the testator. This means they cannot be an executor, cannot inherit under the will and any gifts to them will fail.
    
4. Inheritance act claims. If you separate from a civil partner/spouse but are not divorced be careful about trying to exclude your soon to be ex under your will, if you have not provided for them, they could have a claim. In certain circumstances ex-spouses can also claim.
    
5. Predatory marriage – this is where someone takes advantage of a vulnerable usually elderly person and marries them so that they become the main beneficiary of the estate, without having to fake/coerce a new will. Its also increasingly common where someone may lack capacity to make a new will but still has capacity to marry. There’s obviously a clear public policy reason for keeping the test for capacity to marry at a relatively low threshold in terms of human rights but it does mean there is this anomaly when the it comes to estates. Although marriages can be ended the old will cannot be revived which leaves loved ones in the position of having to make Applications to the Court of Protection for statutory wills to be put in place. 

Natasha can be contacted to clarify her podcasts further via her Instagram page @natashathefamilylawyer and at Natasha.slabas@dmhstallard.com