Marriage and your will
Marriage usually means you need a new will. And if this is not your first marriage, then you may need a will that reflects that you have obligations in different directions.
Marriage automatically revokes a will, unless the will specifically contemplates the marriage and names the intended spouse. So, if you are contemplating a marriage, or you have had a marriage and have a will that pre-dates that marriage, you need to get yourself a new will.
Wills for a second (or subsequent) marriage are typically more complex than wills for clients who are in or are contemplating or still in their first marriage. This is due to things such as the presence of children from previous relationships. These children often need to be catered for separately to any children of the current marriage (or relationship).
In a first marriage, where mum and dad have children together, the wills are typically the same for each parent: if they die, everything goes to their spouse. If they both die, everything goes to ‘their kids.’ In the case of each parent, ‘their kids’ means the same people – because the parents have kids together. In cases like this, it does not really matter which parent dies first.
But, in a second or subsequent relationship, couples often need to take care that they do not simply leave everything to their spouse. This is because that spouse may have children from another relationship, which raises the prospect that one partner’s wealth ends up going to the other partner’s children.
We can assist all clients to create a will that suits their circumstances. We do this by introducing our clients to a team of expert will-preparing lawyers who will ensure that they provide a will that meets all of your needs – but without breaking your bank.
So, please feel free to contact us if you would like to discuss a first or subsequent will. And do it especially if you are about to get married!
